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VOL. V. 






THE present volume will, it is hoped, be found in its 
contents not unworthy of its predecessors. In their efforts 
to secure suitable papers the Council have been unremitting ; 
and the interesting discussions which have occurred at the 
monthly meetings would warrant the belief that the selec- 
tions made were generally approved. The formation of a 
Genealogical Section will relieve the TRANSACTIONS from 
memoirs relating to family history, and likewise extend the 
breadth of the Society's labours. It is at the same time 
the Society's aim, apart from its recorded labours, to promote 
a general interest in historical inquiries. The Council have 
the gratification to report that the membership continues 
steadily to increase ; in December, 1875, the Fellows on the 
roll were 466; they are now 525. 




January, 1877. 


PREFACE ........ v 

CONTENTS ........ vii 




By G. LAURENCE GOMME, Esq., F.R.H.S. ... i 


WINTERS, Esq., F.R.H.S. ...... 28 

Dr. Samuel Foxe ...... 40 

Simeon Foxe, M.D. ....... 6l 

Dr. Thomas Foxe ...... 63 

Captain Robert Foxe . . . . . .71 

Henry Wollaston, of Waltham Abbey .... 75 

Sir Richard Willys, Bart. . . . . . -79 

F.R.H.S . -83 






The Genealogy of the God wine Family . . . . 175 

An Account of the Bayeux Tapestry . . . .184 

Wace's Chronicle of the Norman Conquest . . . 186 
The Battle of Stamford Bridge . . . . .188 

The Battle of Hastings . . . . . . 190 

The Burial of Harold at Waltham Holy Cross . . 197 

The Burial of Harold's Tomb ... 207 

Harold's Epitaph ....... 208 

The Discovery of Early Monumental Remains in the Abbey . 209 

Harold's Children . ... . . . 213 

The Coins of Harold . ~ . . . 214 



HEYWOOD, Esq., F.R.S., F.R.ILS. . . . . 216 


Esq., F.R.H.S. ....... 228 

I. The Tanistry or Communal Period .... 236 

II. The Scandinavian or Mixed Period .... 256 

III. The Norman or Feudal Period .... 264 

IV. The Stuart or Confiscation Period . . . . 288 


F.R.H.S. . . . . . . 327 

BENJAMIN W. RICHARDSON, M.D., F.R.S., President of the Council 
of the Royal Historical Society ..... 339 

Edited from a Contemporary MS. By the Rev. CHARLES ROGERS, 

LL.D., F.R.H.S 354 

"A Litle yet True Rehearsall of Severall Passages of Affairs, 
Collected by a Friend of Doctor Alexander's, at Aberdeen " . 358 

ROGERS, LL.D., F.R.H.S. . . . . . .380 

INDEX ......... 413 




B. W. RICHARDSON, ESQ., M.D., F.R.S., President of Council 







JOHN RAE, Esq., LL.D., F.S.A. 



JOHN S. PHENE, Esq., LL.D., F.S.A., F.G.S., F.R.G.S. 






Secretarg anto 

REV. CHARLES ROGERS, LL.D., F.S.A. Scot., Grampian Lodge, 
Forest Hill, S.E. 


WILLIAM HERBAGE, Esq., London and South-Western Bank, 
7, Fenchurch Street, London, E.G. 

W. E. POOLE, Esq., ii, Chandos St., Cavendish Square, London, W. 


Right Honourable Lord Aberdare. 
W. Alexander Abram, Esq. 

B. St. John Ackers, Esq. 
Lieut.-Colonel Edward Akroyd, F. S. A. 
William E. Akroyd, Esq. 

Arthur Albright, Esq. 

Henry M. Alexander, Esq., New 


Maior-General W. R. E. Alexander. 
Major - General A. Stewart Allan, 

F.S.A. Scot. 
A. Allen, Esq. 
Charles J. Allen, Esq. 
Stephen Merrill Allen, Esq. 
Dr. D. H. Altschul, F.R.G.S., 

M. Philo.Soc., &c. 
J. R. W. Anderson, Esq. 
Frank Andrew, Esq. 
William Andrews, Esq. 
William Annand, Esq. 
Professor Charles E. Anthon, Honorary. 
H. S. Ashbee, Esq. 
Thomas Aspden, Esq. 
Alfred Aspland, Esq. 
Josiah Atwool, Esq. 

Henry M'Lauchlan Backler, Esq. 

Rev. G. R. Badenoch, LL.D. 

John E. Bailey, Esq. 

J. W. Baines, Esq. 

Arthur James Balfour, Esq, M.P. 

C. W. Barkley, Esq. 
John Barnard, Esq. 
J. Barnes, Esq. 

T. Squire Barrett, Esq. 

Rev. Joseph Chadwick Bates, M A., 


Rev. W. H. Bathurst. 
W. J. Beach, Esq., F.R.G S 
Right Hon. the Earl of Beaconsfield, 

Thomas Belk, Esq. 
J. Carter Bell, Esq., F.C.S., &c. 
Henry A. Bellingham, Esq. 

Major-General W. H. Benham, Esq. 

C. Bennett, Esq.' 

Captain H. A. Bennett. 

Mrs. Angelo Bezzi. 

Edward Bibby, Esq., F.R.G. S. 

L. Biden, Esq. 

J. Binns, Esq. 

William Thomas Black, Esq. 

William Harriett Blanch, Esq. 

Right Honourable Lord de Blaquiere. 

A. Winter-Blyth, Esq. 

John J. Bond, Esq. 

William Henry Booker, Esq. 

T. J. C. L. Bordman, Esq 

Right Honourable Lord Borthwick. 

Lady Bowring, Honorary. 

Mark Boyd, Esq. 

Rev. William Boyd, LL.D. 

Rev. J. Boyes. 

Edmund Montagu Boyle, Esq. 

Thomas Boynton, Esq. 

William Bragge, Esq., F.S.A. 

Rev. George Weare Braikenridge, 

F.S.A. Scot. 
Mrs. Woodhouse Braine. 
Isaac Braithwaite, Esq. 
Edward Herbert Bramley, Esq. 
Thomas Bramley, Esq. 
J. Bramley-Moore, Esq., D.L. 
F. J. Bramwell, Esq. 
William Hutton Brayshay, Esq. 
John A. Bremner, Esq. 
Richard Brewer, Esq. 
Hon. and Rev. J. R. O. Bridgeman. 
Charles Bridger, Esq. 
Thomas Briggs, Esq. 
John Potter Briscoe, Esq. 
H. Brittain, Esq. 
Major John Britten, R.L.M. 
T. C. Brooke, Esq. 
Barnard P. Broomhead, Esq. 
Cornelius Brown, Esq. 
J. Foster Brown, Esq. 
R. Weir Brown, Esq. 



S. Stanley Brown, Esq. 

Edward Browne, Esq , W. S. 

J. H. W. Buck, Esq. 

Sir Charles J. F. Bunbury, Bart., 

F.R.S. " 

Major-General Charles J. Burgess. 
Joseph Burrell, Esq. 
H. Burton, Esq. 
John Hill Burton, Esq, LL.D., 


Rev. William Cadman, Prebendary of 

St. Paul's. 
N. A. Calvo, Esq. 
The Marquess de Campobianco. 
W. Cann, Esq. 
John B. Cardale, -Esq. 
Thomas Card well, Esq. 
J. Wilson Carillon, Esq., F.S.A. 
George F. Carnell, Esq. 
Thomas Cave, Esq., M.P. 
George Cawston, Esq. 
John Chappell, Esq. 
The Lord Bishop of Chester. 
Colonel Joseph Lemuel Chester. 
W. Chesterman, Esq. 
David Chinery, Esq., F.R.G.S., c. 
Henry B. K. Chorley, Esq. 
Thomas Chorlton, Esq. 
Captain J. E. Christie. 
Hyde Clarke, Esq., D.C.L. 
J. Cleghorn, Esq. 
William Clode, Esq. 
Thomas Close, Esq., F.S.A. 
James C. Clough, Esq. 
Ethan Nelson Coburn, Esq. 
James Edwin-Cole, Esq. 
Everard Home Coleman, Esq., 

F.R.A.S., F.R.G.S. 
William Job Collins, Esq. ' 
Henry Collinson, Esq. 
J. Monsey Collyer, Esq. 
Rev. Charles H. Collyns, M.A. 
John Colston, Esq. 
Rev. John Compston. 
Samuel Compston, Esq. 
Congress Library, Washington, U.S. 
Eugene A. Conwell, Esq. 
Faithful Cookson, Esq. 
John Corbett, Esq., M.P. 
Samuel E. Cottam, Esq. 
George Courtauld, Esq. 
Rev. Samuel Cowdy, LL.D. 
J. M. Cowper, Esq. 
George R. Cox, Esq. 
J. Charles Cox, Esq. 
J. W. Crawford, Esq. 
Joseph Crawhall, Esq. 
Henry W. E. Crofton, Esq. 

James Croston, Esq., F.S.A. 
Francis Crowe, Esq., LL.D., F.R.G.S. 
George Cruikshank, Esq., Honorary. 
Alfred Crutwell, Esq., F. G. S. 
General the Hon Sir Edward Cust, 
K.C.H., D.C.L. 

John A. Dalziel, Esq. 
J. W. Dangar, Esq. 
Rev. T. W. Davids. 
William James Davidson, Esq. 
Robert Davies, Esq. 
J. N. C. Atkins Davis, Esq. 
Anthony Davison, Esq. 
C. R. Davy, Esq. 
Thomas Dawson, Esq. 
Robert Richardson Dees, Esq. 
Captain Fred. C. Denison. 
Rev. B. Dickson, D.D. 
G. Wingfield Digby, Esq. 
Lin Dillon, Esq. 
John Gartside Dimelow, Esq. 
James Dixon, Esq. 
R. W. Dixon, Esq., D.L. 
Edward C. Doggett, Esq. 
Rev. John S. Doxey, M.A. 
Joseph Drew, Esq., LL.D., F'.R.A.S., 

Henry Robert Eddy, Esq. 
James D. Edgar, Esq., Canada. 
William Elmslie, Esq. 
Royle Entwisle, Esq. 
William Erskine, Esq. 
E. Bickerton Evans, Esq. 
H. Russell Evans, Esq. 
W. Evans, Esq. 

William Farr, Esq., M.D., F.R.S., 


C. Duffell Faulkner, Esq. 
Sir Joseph Fayrer, K.C.S.I., Honorary. 
Charles R. Federer, Esq. 
Robert Ferguson, Esq., M.P. 
Hamilton Field, Esq. 
Joseph Fisher, Esq. 
Lieut. -Colonel H. Fishwick. 
Edwin F. Fitch, Esq. 
William Fooks, Esq., B.A. 
John Rawlinson Ford, Esq. 
Colonel Lane Fox. 
J. A. Froude, Esq., LL.D., Honorary. 

Clement S. Best Gardner, Esq. 

John Ribton Garstin, Esq., M.A., 

F.S.A., M.R.I.A. 
Alfred Scott Gatty, Esq. 
Henri Gausseron, Esq., B.A. 



Alfred Gliddon, Esq., LL.D., 


G. Lawrence Gomme, Esq. 
H. G. Gotch, Esq. 
Frederick Gould, Esq. 
The Right Hon. Lord Ronald Gower. 
J. Graham, Esq. 
William Grain, Esq. 
H. Sydney Grazebrook, Esq. 
Rev. A. L. Green. 
Thomas Bowden Green, Esq. 
W. J. Green, Esq. 
Frederick Griffin, Esq., F.A.S.L. 
Richard Clewin Griffith, Esq., M.D., 

F.R.G.S., &c. 
Dr. Charles F. Grindrod. 
R. B. Grindrod, Esq., M.D., LL.D., 


Alberto de Guerrico, Esq. 
Henry Guest, Esq., Jun. 
R. Sandon Gutteridge, Esq., M.D. 

John Haddock, Esq. 

Alderman S. C. Hadley. 

W. J. Haggerston, Esq. 

R. G. Haliburton, Esq., Canada, 


Rev. Dunbar Stuart Halkett, M.A. 
Hugh F. Hall, Esq., F.G.S. 
H. L. Hammack, Esq. 
Stephen Harlowe Harlowe, Esq., 


George Harris, Esq., LL.D., F.S.A. 
William Fairburn Hart, Esq. 
Joseph Hartley, Esq. 
J. Harris Heal, Esq. 
Edward Charley Healey, Esq. 
Henry Healey, Esq. 
Thomas Heath, Esq. 
John Deakin Heaton, Esq., M.D., 


Henry Heginbotham, Esq. 
H. J. Heighten, Esq., F.G.S. 
Dr. N. Heinemann. 
William Henderson, Esq. 
J. G. Hepburn, Esq. 
William C. Hepburn, Esq. 
William Herbage, Esq., Treasurer. 
James Heywood, Esq., F.R.S. 
James Higgin, Esq. 
James Higson, Esq. 
George W. Hill, Esq. 
John William Hill, Esq., M.A., Trin. 

Coll., Camb. 
William Hinmers, Esq. 
Professor Edward Hiichcock, honorary. 
A. S. Hobson, Esq. 
Thomas Hodgkin, Esq. 
William Pickering Hodgson, Esq. 

Charles Hood, Esq., F. R. S., F. R. A.S., 

F.S.S., &c. 

George N. Hooper, Esq. 
J. Satchell Hopkins, Esq. 
F. J. Horniman, Esq., F.Z.S., 


Frederick Hovenden, Esq. 
Robert Hovenden, Esq. 
Fretwell M. Hoyle, Esq., F.R.G.S. 
Edward Hudson, Esq. 
William Hughes, Esq. 
David A. Hume, Esq. 
William Hunt, Esq. 
Henry Hunter, Esq. 
Mrs. Hunting. 
George Hurst, Esq. 
Jonathan Hutchinson, Esq. 
Robert Hopwood Hutchison, Esq. 
John Hyde, Esq., F.R.S.L. 

J. Enkyn Ingram, Esq. 

Henry B. Jackson, Esq. 

C. R. Jacson, Esq. 

Ralph N. James, Esq. 

Rev. T. James, F.S.A. 

Walter Knight James, Esq. 

J. M. Jeffcott, Esq. 

Frederick J. Jeffrey, Esq., F.G.H.S. 

B. G. Jenkins, Esq. 

Henry Irwin Jenkinson, Esq., F.R.G.S. 

Llewellyn Jewett, Esq., Cor, Mem. 

Ebenezer Septimus Jobson, Esq. 

Jabez Johnson, Esq. 

Charles E. Jones, Esq. 

David Jones, Esq. 

Henry Watson Jones, Esq. 

James Judd, Esq., F.S.A. 

W. J. Kaye, Esq. 

William Kelly, Esq. 

H. A. B. Kendrick, Esq., F.C.A.S. 

Frederick Kent, Esq. 

C. B. Ker, Esq. 

Abraham Kidd, Esq., M.D., M.R.I.A. 

Rev. Edward King, B.A., F.S.A.S. 

Henry S. King, Esq. 

Kelburne King, Esq. 

Captain Samuel Richardson Knox. 

J. A. Langford, Esq,, LL.D. 
William Lawton, Esq. 
John Walter Lea, Esq., F.G.S. 
John Dunkin Lee, Esq. 
William Lees, Esq. 
Daniel Levey, Esq., B.A. 
Right Rev. the Bishop of Limerick, 



Lieut. -Colonel Edward Lloyd. 

Rev. George Lloyd, F.S.A. 

R. A. T. Loban, Esq. 

Samuel F. Longstatfe, Esq. 

Henry Lonsdale, Esq. 

The Most Honourable the Marquess of 


John D. Loverdo, Esq., F.R.S.L. 
Sir John Lubbock, Bart., M.P. 
Augustus W. H. Ludemann, Esq. 
Henry Lupton, Esq. 
Thomas Lyle, Esq. 
G. E. Lyon, Esq. 

W. Macandrew, Esq. 
Patrick Comyn Macgregor, Esq. 
James Macintosh, Esq., F.S.A. 
Henry Ramsay Mackay, Esq. 
J. M. Mackay, Esq. 
Thomas R. Mackay, Esq. 
Edward Mackeson, Esq. 
Alexander Mackie, Esq., LL.D. 
William Maclean, Esq., F.G.S. 
James Macpherson, Esq., 
Robert Malcomson, Esq., M.A. 
J. Manuel, Esq. 
Rev. Canon Marsden, B.D., 


Claudius Martin, Esq. 
James Maw, Esq. 
John Mayball, Esq. 
John Thomas Maybank, Esq. 
J. W. M'Cardie, Esq., of Newpark. 
Justin M'Carthy, Esq. 
Barr C. J. Meadows, Esq., M.D., 

Sir James Meek. 
C. Meenacshaya, Esq. 
Herr Meldahl, Honorary. 
Laurence T. M 'Ewen, Esq . 
H. E. Michelson, Esq. 
Mrs. Everett Millais. 
Joseph Milligan, Esq., F.G.S. 
Rev. Canon Milman, M.A. 
R. H. Milward, Esq. 
C. M'Niven, Esq. 

Rev. Robert Moffat, D.D., Honorary. 
M. Moggridge, Esq. 
William Molyneux, Esq., F.G.S. 
George Moore, Esq. 
Benjamin Moran, Esq., Sec. of Ameri- 
can Legation, Honorary. 
Thomas Morgan, Esq. 
George Moseley, Esq., F.G.S. 
John James Moss, Esq. 
John L. Motley, Esq., Honorary. 
Miss Mudie. 
C. H. Murray, Esq. 
James Murton, Esq. 

George W. Napier, Esq. 

Captain Sir George Nares, K.C.B., 


William Magson Nelson, Esq. 
General Josiah Newhall. 
E. Oakley Newman, Esq. 
J. F. Nicholls, Esq., Cor. Mem. 
George W. Nichols, Esq. 
John Spenser Noldritt, Esq. 
G. M. Norris, Esq. 
James Nowell, Esq., M.R.C. Lond. ' 

William O'Donnaven, Esq., LL.D. 
Robert Parr Oglesby, Esq. 
William Watkins Old, Esq. 
Brian O'Looney, Esq., M.R.I. A. 

Rev. J. Douglas Page, A.M. 

P. S. Page, Esq. 

Tito Pagliardini, Esq. 

William Dunkley Paine, Esq. 

George F. Pardon, Esq. 

W. M. Parker, Esq. 

Rev. Thomas Parkinson. 

Francis Parkman, Esq. 

Charles Edward Pearce, Esq. 

John Samuel Phene, Esq., LL.D 

F.R.G.S., F.G.S. 
J. Pickering, Esq., F.R.G.S. 
William Pilcher, Esq. 
William J. D. Pink, Esq. 
Mrs. A. D. Pollard. 
C. H. Poole, Esq., LL.B., F.G.S., 

Frank Pooley, Esq. 
John Porter, Esq. 
Lewis W. Potts, Esq. 
Edward Power, Esq. 
Charles H. Poynton, Esq. 
John Prankerd, Esq., F.R.C-S. 
John P. Prendergast, Esq., Honorary. 
B. F. Prescott, Esq. 
William Nicholson Price, Esq. 

George Radford, Esq., A.M. 

John Rae, Esq., LL.D., F.S.A. 

James Ramsbotham, Esq. 

Sir James Ramsden. 

Major-General Sir Henry Creswicke 

RawlinsoH, K.C.B., F.R. S., 

F.R.G.S., Honorary. 
Charles A. Read, Esq. 
General John Meredith Read, LL.D., 


Arthur J. Rich, Esq. 
Benjamin B. Richardson, Esq., M.D., 


Charles Richardson, Esq. 
George Gibson Richardson, Esq. 



John George Frederick Richardson, 

Esq., Ph.D., F.C.S. 
John Wigham Richardson, Esq. 
William Rider, Esq. 
Samuel Rigby, Esq. 
George W. Rigg, Esq. 
James Robb, Esq. 
Joseph B. Robinson, Esq. 
William Robinson, Esq. 
Sydney Robjohns, Esq. 
Charles Roger, Esq. 
Rev. Charles Rogers, LL.D., F.S.A. 


Rev. Edward Rogers, M.A. 
Rev. William H. Rogers, D.D. 
John R. Rollins, Esq. 
J. Anderson Rose, Esq. 
Right Hon. the Earl of Rosebery. 
W. H. Burch Rosher, Esq. 
Frederick Ross, Esq. 
Lewis Buttle Ross, Esq. 
Charles Rowley, Esq. 
Professor Ruskin. LL.D., F.R.S.E. 
Right Honourable Earl Russell, K.G. 
Charles Ryder, Esq. 
T. D. Ryder, Esq. 
J. P. Rylands, Esq. 
W. H. Rylands, Esq. 
Samuel Lee Rymer, Esq. 

John Burham Safford, Esq., F.G.S. 

William Salmon, Esq. 

Thomas Sampson, Esq. 

Rev. S. J. W. Sanders, M.A., F.G.S. 

W. W. Sanderson, Esq. 

Philip Sayle, Esq., LL.D., F.S.S. 

Robert Sayle, Esq. 

Peter Schonfeld, Esq. 

Helmuth Schwartze, Esq. 

Simon T. Scrope, Esq. 

Thomas B. Seath, Esq. 

Right Honourable Lord Selborne. 

Isaac Seligman, Esq. 

Ernest Seyd, Esq., F.S.S. 

Colonel J. D. Shakespear, F.G.S. 

J. Fox Sharp, Esq. 

Rev. Leonard Edmund Shelford. 

Herr Jon Sigurdsson, Honorary. 

J. Wainhouse Simpson, Esq. 

Henry Duncan Skrine, Esq. 

Hubert Smith, Esq. 

S. J. Smith, Esq. 

T. Cozens Smith, Esq., F.G.S. 

Professor Walter Smith. 

W. Bickford Smith, Esq. 

Edward Solly, Esq. 

Thomas Sopwith, Esq., M.A., F.R.S., 

Rev. Joseph Sorrell. 

Don Carlos E. Soto. 

Lieut. -Colonel Thomas Sowler. 

H. King Spark, Esq. 

Very Rev. Dean Stanley, D.D., 


Walmsley Stanley, Esq., F.R.G.S. 
Joseph Steele, Esq. 
J. Stevenson, Esq., President of 

the Historical Society, Quebec, 

W. Stevenson, Esq. 
Alderman Stone. 
J. B. Stone, Esq., F.G.S. 
H. Slopes, Esq., F.G.S. 
Edwin Story, Esq., M.A., F.L.S. 
Lieut. -Colonel W. Stuart. 
Sir Edward .Sullivan, Bart. 
John Charles Swallow, Esq. 

Right Honourable Lord Talbot de 

Malahide, M.R.I. A. 
Thomas Tapling, Esq. 
William M. Tartt, Esq., F.S.S. 
William R. Tate, Esq. 
George Taylor, Esq. 
Rev. Richard V. Taylor, B.A. 
Rear- Admiral William Rogers Taylor. 
William Tegg, Esq. 
Seymour Teulon, Esq. 
Rev. Edmund Tew, M.A. 
Christopher J. Thomas, Esq. . 

James Thompson, Esq. 
Alexander Tod, Esq. 
Archibald Travers, Esq. 
Stephen Tucker, Esq., Rouge Croix. 
Thomas Kellet Tully, Esq. 
George M. Tweddell, Esq., F.S.A., 

Scot., Cor. Mem. 
Philip Twells, Esq., M.P. 
Lieut. -General George Twemlow, 


John Symonds Udal, Esq. 
R. G. Underdown, Esq. 

M. Ventura, Esq. 

G. V. Vemon, Esq., F.R.A.S. 

J. A. Vincent, Esq. 

Henry Wadling, Esq. 

Cornelius Walford, Esq., F.S.A. 

Fountaine Walker, Esq., of Foyers. 

Rev. James Walker. 

Richard Corker Walker, Esq. 

Thos. F. W. Walker, Esq., M.A., 

John Wallis, Esq. 
Edward Waltham, Esq. 
Elijah Walton, Esq. 



Joseph Pilkington Ward, Esq. 
Townsend Ward, Esq., Honorary. 
William Gibson Ward, Esq. 
Captain C. Warren, R. E. 
Robert Spence Watson, Esq.,F.R.G.S. 
William H. Weldon, Esq., Rouge. 


Mrs. Westerton. 
John Westwood, Esq. 
Rev. F. Le Grix White, M.A., F.G.S. 
George White, Esq. 
William H. Whitmore, Esq. 
George Wike, Esq. 
T. R. Wilkinson, Esq. 
Rev. J. D. Williams. 
Sparks Henderson Williams, Esq. 
Professor Daniel Wilson, LL.D., 


Oswald Wilson, Esq. 
W. Winters, Esq. 
Hon. Robert C. Winthrop, LL.D., 


William Young Winthrop, Esq. 
Thomas A. Wise, Esq., M.D., F.S.A. 


John Wiseman, Esq. 
William Wood, Esq. 
William Wood, Esq., S.S.C., I.L.S. 
Rev. Adolphus F. Woodford. 
Samuel Woodhouse, Esq. 
Ashbel Woodward, Esq., M.D. 
Richard Woof, Esq., F.S.A. 
J. Wormacott, Esq., F.G.S., F.R.G.S. 
Professor Hans J. Worsaae, Honorary. 
Rev. Albert Hurt Wratislaw, M.A. 
Bryce McMurdo Wright, Esq., 


Rev. W. H. Wylie. 
Rev. Charles J. Wynne, M.A., Oxon. 

Richard Yates, Esq., F.S.A. 
Dr. G. G. Zerffi. 





Fellow of the Royal Historical Society. 

THERE is nothing more beneficial to the philosophy of 
human thought than the scientific study of human institu- 
tions. To know how man's thought has grown to what it 
now is from the rudest atom of intellect must be a con- 
templation worthy of the greatest consideration, and that by 
the greatest minds. It is only of late years that it has been 
at all possible to penetrate into the reality of primordial 
society, whatever might have been the extent of its mythical 
existence ; and this has been accomplished by the great 
inductive sciences. Comparative philology has led the van, 
and shown the track ; it only remains for comparative 
jurisprudence to hesitate no longer on the threshold of 
its existence,* but to follow up these indications, thereby 
bringing us nearer to our primeval ancestors, in thought as 
well as history ; and, consequently, nearer to ourselves. 

* " I hesitate to call it comparative jurisprudence," says Sir H. Maine 
in his Rede Lecture at Cambridge, 22nd May, 1875, "because if it ever 
exists its area will be so much wider than the field of law." Bolingbroke 
has predicted the position law would hold among the " sciences " when 
men find leisure and encouragement to climb up the vantage of science 
instead of grovelling all their lives to the little acts of chicane. Vide 
" Bolingbroke's Letters," No. 5. 



Foremost among the institutions of mankind, ancient as well 
as modern, stands monarchical government ; and it is to this, 
in its relation to primeval thought, it is now proposed to 
direct attention. At first we are able to draw some line of 
demarcation between the first principles, if they may be so 
termed, and their after growth ; but it very quickly vanishes 
before the new elements gradually associated with them. 
The attributes attached to the idea of personal government 
were originally derived from the mind of the people them- 
selves when, indeed, the " people " had hardly earned that 
term ; and though democracy is generally described as the 
popular form of government, it was in the popular imagina- 
tion that the sanctity of the throne and the royalty of the 
person of the sovereign first found an origin.* Their recogni- 
tion of this ideal chief was much modified, if, indeed, it did 
not entirely vanish, when the circumstances calling forth the 
hero had passed away. But those- who had assumed the 
character and partaken of the privileges of kingship were 
not disposed to allow it to be easily thrown aside, and it 
became their object to promulgate gradually increasing ideas 
of kingly power, which in its primitive state really owed its 
establishment to popular opinion. 

An instance of an epoch in early thought with regard to 
government is shown when the Greeks transferred their word 
kubernan, to steer a vessel a word in every day use among 
them to the person or persons entrusted with the direction 
of public affairs, and restricted the term finally to mean " to 
rule."-f* This is clearly an indication of a decisive and dis- 
tinct step in Grecian thought ; how it altered, how it as- 
similated itself to new conceptions, is lost amidst the many 
variations accompanying the development of Rome from 

* Vico points out the personifying instinct as the spontaneous philosophy 
of man to make himself the rule of the universe, and to suppose every- 
where a quasi-human agency. Vide a long and learned note in Mr. 
Grote's " Greece," vol. i., page 473, note i. 

f This is from the Greek colonists of Italy, who adopted the latter 
interpretation, and clothed it with the Italian garb " gubernan? used by 
the Romans, whence it was adopted by ourselves in "governor." 


these Grecian colonists ; but it is by landmarks like these 
that we are enabled to trace back full-grown ideas to primi- 
tive conceptions. Although no record is left of the earliest 
tendency of man's thoughts, it is but natural to assume that 
those which first partook of a homogeneous character were 
in relation to his social welfare ; and the most important, if 
not the firs t in point of time, must have been the germs which 
ultimately led to the formation of monarchical government, 
for truly may we say with Carlyle, " How indispensable 
everywhere is a king in all movements of men !"* 

Some kind of government, call it by what name you will, 
must have been adopted as soon as social -existence began 
to develop itself. Modern thought cannot conceive a time 
when mankind existed on the earth without having some 
one to look up to as a superior, some higher power than his 
own unregulated passions to obey. One of the happiest 
passages of Bolingbroke is peculiarly true here, " There is a 
strange distrust of human reason in every human institution, 
and this distrust is so apparent that an habitual submission to 
some authority or other is forming in us from our cradle." 
Whether the conceptions of modern philosophy are strictly 
applicable to the remote past cannot receive proof now : 
among the ancients, Aristotle perceived very clearly that 
union in a political society is essential to human nature ; but 
though we cannot distinctly trace opinions on this point 
much further back, it seems indeed to be inherent in man's 

* The memorable dictum in the " Iliad" is a heritage of early times. 
" The rule of many is not a good thing : let us have one ruler only, one 
king him to whom Zeus has given the sceptre and the tutelary sanc- 
tions." Democracy was a later Grecian thought. Histiaeus, in his speech 
at the Council of the lonians who guarded the bridge over the Ister for 
Darius, says, " There is not one of them (Grecian cities) which will not 
prefer democracy to kingly rule." " Herodotus," iv., cap. 137. This 
change of opinion is some proof of the statement in the text. Plato 
almost suggests my quotation from Carlyle in the question by the 
Athenian to Cleinias (" Laws," book i.), " Would you not acknowledge 
that in all gatherings of mankind, of whatever sort, there ought to be a 
leader ? Certainly I would." 

t Letter to Lord Bathurst on " Retirement and Study." 


nature to be governed ; for it is seldom that even the wildest 
dreams of fanatics or enthusiasts advocate the total abolition 
of it. The original people, a forest tribe of the Malay penin- 
sula, are noted by Dr. Pickering (" Races of Man/' p. 305) 
to have neither king nor chief of any kind ; but even here we 
find one remaining limb showing a connection with the archaic 
rules of civilized law. There is one man among them to 
whom they refer all their requests and complaints, and in- 
variably adopt his decision ; and in him can be easily recog- 
nised a type of the umpire, vir pietate grams, endowed with 
so much importance by Sir Henry Maine in his considera- 
tions on the origin of justice.* We often meet with notices 
of a people possessing no laws (as, for instance, the Andro- 
phagi of Herodotus, book xiv., cap. 106) ; but Sir John 
Lubbock's remark is pretty generally true, that "the lower 
races of man may be said to be deficient in any idea of right, 
though quite familiar with that of law ;" or, in other words, 
judging from the illustration that follows, which I preserve in 
a note,t of government. 

Though the germs of monarchical government are in- 
timately connected with the origin of law, there will be no 
necessity at this juncture to enter into those abstract ques- 
tions relating to law and sovereignty which have occupied the 
attention of analytical jurists. The power to enforce obe- 
dience must have existed before the definition of any mode 
which that obedience was to adopt except that it was to be 
absolute ;% and, as we shall see afterwards on the extreme 
sterility of primitive thought, made very little distinction 
among rules of action that now are widely divergent. 

* Vide Maine's " Ancient Law," pp. 376, 377, and " Early Institutions," 
P. 253. 

f Lubbock's " Primitive Man," p. 269. " At Jenna," he continues, 
" whenever a town is deprived of its chief the inhabitants acknowledge 
no law, and until a successor is appointed all labour is at an end." 

J Obedience is described in the Behistun inscription in these forcible 
terms, " That which has been said to them by me, both by day and by 
night, it has been done by them." Compare speech of Megabazus to 
Darius, " Herodotus," book v., cap. 22, where the same expression, " by 
day and by night," is used. 


The much-vexed question of the origin of society may 
perhaps be considered only a necessary commencement to an 
inquiry on the origin of government. But this is, and must 
ever be, a matter of pure conjecture, which, as I hope to 
show, is not the basis upon which these inquiries are made. 
What Mr. Fiske has termed cosmic philosophy attempts to 
deal with the subject of an incipient social evolution in a 
manner " entirely new in all its features," and on its face it 
bears a mark of strong plausibility, not wholly opposed to 
historical criticism. It is based on certain causes and effects 
arising from a supposed prolonged infancy of man, and forms, 
in the author's opinion, a clue to the solution of the 
entire problem as to the origin of the human race. It recog- 
nises the important influence of paternal authority ; it bears 
evidence to original family groupings, and a subsequent clan 
formation ; it can perceive feelings of hostile rivalry arising 
among different clans ; and it almost points to an extension 
of paternal into patriarchal chieftainship. That eminently 
original thinker, Vico, forcibly sets forth the strong mental 
analogy between the early stages of human society and the 
childhood of the individual ; and this idea again finds an 
echo amidst the researches forming the science of religion. 

But there is no need for our present purpose to anticipate the 
question of man's social existence so far back in the great past 
as this, for it is laid down by the incontrovertible rules derived 
from comparative jurisprudence, that we may fairly treat the 
stage at which the family is constituted as that at which 
the history of human society, in the proper sense of the term, 
begins; and we are justified in calling the usages of that 
stage the primitive institutions of society. That the family 
was the original unit of society cannot reasonably be doubted 
in face of all the overwhelming proofs we have of the almost 
universal influence which it has exercised, and still exercises, 
on the social history of man ; but that many disturbing causes 
constantly upset its regularity of development is of course 
equally apparent, and it is to this fact we may ascribe 
one or two instances of unregulated people to be met 


with in the history of ancient nations. We have an ex- 
ample in the Auseans of Herodotus, who neither married 
nor lived in families, but dwelt together like the gregarious 
beasts (book iv., cap. 180). Disturbing causes are to be dis- 
covered in each of the three ethnic divisions of mankind, but 
not in equal proportions. The Turanians are the most liable 
to their influence, while the Aryans have presented to us, 
even in modern times, many customs undoubtedly existing 
before the separation ot man from a common home. 

It maybe as well perhaps to say something as to the guides 
accompanying us in our investigation, who, though differing 
widely in the character of their researches, are uniform in the 
results they bring forward. The common origin of mankind 
from our first parents is but the natural beginning of the for- 
mation of the family ; and the common origin of mankind is 
a fact proved alike by the historian and the philologist, the 
naturalist and physiologist, though there exist sections of each 
school who adopt a contrary theory. " The institutions of all 
ancient nations," says Niebuhr, " have originally a great resem- 
blance to one another ; but in later times they diverge till all 
resemblance disappears.* It does not follow from this, how- 
ever, that all notions of the early social existence of mankind 
must necessarily be obtained from primeval record. The 
principles of the comparative method gives a broader ground 
work of investigation, but it is unnecessary to enter into any 
details as to the line of inquiry which this method adopts ; it 
will suffice to draw attention to the fact that societies develop- 
ing within historical times, and societies which have not been 
progressive, are conceived to be types of that primitive state 
of which no direct record has descended to modern times, and 
therefore analogies drawn from their history may be taken as 
arguments and facts concerning primeval society. 

It will not be an inapt illustration of this system to quote 

* " Ancient History," vol. i., p. 290. Sir G. Wilkinson also remarks 
of Egypt, that at the most remote period into which we have been able to 
penetrate civilized communities already existed, and society possessed all 
the features of later ages. 


the aphorism of Solomon, that "nothing is new under the sun." 
History repeats itself, not once or twice, but over and over 
again, in a manner not to be mistaken, and from this estab- 
lished axiom in the cycle of man's life we get a view of primi- 
tive society, not chronologically set out certainly, but arranged 
in unmistakable epochs, contemporary, so far as events are 
concerned, though not in point of date.* Savigny, in the 
eloquent preface to his first volume, has explained the object 
and procedure of the historical school of jurisprudence. Sir 
Henry Maine, in the first chapters of his "Ancient Law," has 
been a further exponent of this method ; and I am anxious 
to travel, if possible, the same line of inquiry, in order to elu- 
cidate, by this means, some of the principles attached to the 
origin of monarchical government. 

The help which Sir Henry Maine renders in his work on 
ancient law, though opening up many new fields of research, 
and directing, in a great measure, the manner to set about 
our work, is necessarily limited in its extent. He describes 
an order of things and a description of thought relating 
almost entirely to modern Aryanism (if I may so term it), 
which, though stripped from the preponderating influence 
of Roman jurisprudence, are not always carried further 
back than the germ thus obtained. This germ no doubt has 
enabled researches to be made for similar phenomena else- 
where, and has thus established a primitive characteristic ; 
but nearly all the evidence it produces on the question of 
primeval society is derived from institutions and thoughts 
existing after the establishment of the Roman legal system, 
which, argued through the influence-exerting medium of 

* " People ask what is gained by comparison. Why, all higher know- 
ledged is gained by comparison and rests on comparison. If it is said 
that the character of scientific research in our age is pre-eminently com- 
parative, this really means that our researches are now based on the 
widest evidence that can be obtained, on the broadest inductions that can 
be grasped by the human mind." (Max Muller's " Science of Religion.") 
But Niebuhr also says truly that instances are not arguments, though in 
history of scarcely less force ; above all, where the parallel they exhibit is 
in the progressive development of institutions." Rome," i., p. 345- 


Roman jurisprudence, or interpreted by the type that 
Roman society has presented, gives but little elucidation of 
actual ante-Romaic history, except by the force of analogy. 
This would be invaluable if we possessed nothing more 
The Hindoo village community is not entirely divested of 
these considerations, though much less influenced by them. 
But there exists a wonderful storehouse of knowledge in the 
discoveries of Sir Henry Rawlinson and others among the 
monumental inscriptions of Asia, which, though not very 
widely divergent, present a somewhat purer view of early 
thought than when it has been sifted through the sieve of 
Roman influence. Sir John Lubbock, too, demands some 
attention to the claims of the barbarians of the present time, 
as well as the barbarians of Tacitus, to be considered as a 
branch of the once undivided human race, and therefore 
capable of giving evidence for the comparison of social institu- 
tions. A remark of Dr. Pickering lends authority to this 
claim. " If the human family," he says, ("Races of Man," p. 
291), "has had a central origin and has regularly and gradually 
diffused itself, followed by the principal inventions and dis- 
coveries, the history of man would then be inscribed on the 
globe itself ; and each new revolution obliterating more or less 
of the preceding, his primitive condition should be found at the 
furthest remove from the geographic centre." But though 
quite acknowledging the truth of these arguments, I cannot 
imagine that Sir Henry Maine's conclusions would in any 
way be materially affected by additional considerations from 
modern barbarism taken from the standpoint he adopts. Sir 
John Lubbock seems to think this would be the case; but 
those existing tribes which are stated to differ in their organi- 
zation from ancient society may have fallen lower than their 
original primitiveness, in consequence of desuetude and idle- 
ness,* as we may ascribe the same disturbing causes I have 

* "In historical inquiries," says Niebuhr, "we generally conceive 
things as in a progressive development, and do not take into considera- 
tion that the course of events often resembles a cycloid. When we see a 
state in the condition of progress we imagine that during the preceding 


already mentioned, and consider them to be the representa- 
tives of those illiterate branches of the human family who 
are classified by Bunsen as having hitherto taken no place in 
the history of the world.* 

Another fertile source of information, comparative philo- 
logy, is the chief means of directing the student where 
comparative history by itself would have failed him. " A 
history of Aryan civilization has been written from the ar- 
chives of language," says one of the most distinguished and 
learned scholars of this valuable science, "stretching back to 
times far beyond the reach of any documentary history." 
It clearly and decisively gives evidence on the one import- 
ant point, round which all the remaining portions of our 
inquiry cluster, namely, the common ancestry of races 
and the common ancestry of mankind. "The millions of 
people," to use a quotation from the same author just re- 
ferred to, "who speak and have spoken for centuries, from 
Ceylon to Iceland, in innumerable dialects, shrink together 
into one small point, and are represented, as it were, by 
one patriarchal individual, the first Aryan, the ancestor of 
the Aryan race; for on all the Aryan dialects there is one 
common stamp, a stamp of definite individuality, and in- 
telligible only as the work of one creative genius? \ It is 
impossible to mistake the tendency of such facts as these, 
and the influence they must have on the elucidation of the 
principles of personal government, only as yet dimly shadowed 
forth in an incongruous infancy. 

But language teaches yet more during the progress of our 

period also it was always in a similar state of advancement, and we over- 
look the fact that a country often makes a great movement in advance 
then goes backward, then rises again, and again becomes retrogade." 
(" Ancient History," vol. ii., p. 97.) May we not apply this to tribes as well 
as to nations ? 

* Vide Bunsen's " Philosophy of Universal History," vol. i., p. 64, ist 

t Max Muller's "Essay on Comparative Mythology," "Oxford 
Essays," 1856. 

% Max Muller's "Turanian Letter. 1 ' 


investigations. It does not allow us to penetrate into these 
remote periods of time, show us one grand fact as a starting- 
point, and then leave us to grope our way to modern times by 
the help of a vivid imagination or a too easy deduction of 
speculative theories. It lends an important aid all along our 
line of march. For instance, it is open to proof that the word 
adopted by different nations as a distinctive title for their 
monarch indicates the original idea from whence the mon- 
archy sprang, and therefore the real characteristic of their re- 
spective chiefs. That this is not improbable, or even impossi- 
ble of proof, I think may be shown from numerous historical 
instances : The Greeks on settling in Africa appear to have 
adopted many customs from their barbarous neighbours. As 
their monarchs took the name of " battus," the native term for 
king, so the citizens generally conformed to African manners 
(Rawlinson's Herodotus, Book iv., vol. iii., page 165). This 
clearly points to an adoption of manners leading to an alteration 
of title, and solely from a popular point of view ; for Niebuhr 
has observed and illustrated what we must recognise as 
truth, the magical power exercised by the Greek national 
character and language over foreign races that came in con- 
tact with them (Rome, i, p. 50). Again, when the Eupatrids 
of Athens formally abolished the name of " king," and substi- 
tuted that of archon or ruler (Justin, ii., 7), such a change 
undoubtedly implied more than it explicitly asserted. The 
alteration of title (to use the words of Rawlinson himself) 
would symbolize, and thereby tend to produce, a diminution 
of authority. ( Vide Rawlinson's Essay, II., App., book v. 
Herodotus, vol. iii.) Thus, though history relates the monarch's 
views of his title and power, the science of language will throw 
some light on the popular opinions which led to the placing 
of the sovereign power in the hands of an individual.* 

The first axiom to be derived from these considerations is 
that men are first seen distributed in perfectly insulated 

* " I conceived that by ascertaining the original meaning of the desig- 
nation of an office, we should be better enabled to form a judgment of its 
original duties." Hampson's Preface to " Origines Patricia" 


groups, held together by obedience to a parent ;* and it 
would be well to first clearly understand this primitive unit 
of society, which has always existed in ancient history, and 
tends to exist in modern, however much it may have been 
absorbed in larger groupings. 

Its fundamental principle of existence was obedience to a 
parent. History and analogy point out this early power of a 
father over his own household to be despotic and supreme. 
Theorists have endeavoured to picture a state of nature as 
beautiful in conception as it is impossible in reality, and have 
used this very organization of family groups as an argument 
in favour of their ideal of original civilization and happiness 
of early mankind. " In the infancy of nations," says Volney 
("Ruins of Nature," p. 30), "original equality, without the aid 
of convention, maintained personal liberty and produced order 
and good manners." The modern school of utilitarianism 
adopt as a basis of their reasoning the same idea of the ori- 
ginal equality of man. But all history is opposed to this 
theory, which is altogether a much later conception, and 
produced by entirely different circumstances, f Contrast it 
with what we know of the earliest formations of society 
Biblical, Roman, Hindoo, and Sclavonian, and there the abso- 
lute supremacy of the parent is shown to extend in his 
own household, unqualified and unquestioned, even to life 
and death. The Institutes of Gaius, perhaps the most per- 
fect body of archaic law in existence, sufficiently prove, and 
Sir Henry Maine's valuable commentaries sufficiently explain, 
to what an almost unprecedented extent this power was carried 
among the Romans. Sir Gardner Wilkinson has examined 
the subject among the Egyptians and his views are hardly 
less conclusive ; while a tablet of primitive Accadian laws 

* Sir H. Maine's "Ancient Law," "According to the laws of all 
nations, and of all times, the father must be recognised as the head of the 
family." Savigny, " Priv. Int. Law," xxxvi., p. 379. 

f Rawlinson alleges that it originated from Greek thought. Amidst 
the toils and dangers shared alike by all in the troublous times of 
Greece the idea of political equality took its rise. " Man. of Anc. Hist" 
p. 124. 


given in the third volume of " Records of the Past," from a 
translation by Mr. Sayce, points decidedly to a rigorous pa- 
rental power. Among the Greeks, also, similar power was 
permitted to the fathers, and the Spartans even prevented the 
parent from nourishing his children unless deemed sufficiently 
healthy to bear the ills of life. Aristotle, in his general 
theory of government, follows Plato in laying down the posi- 
tion that the earliest sources of obedience and authority are 
personal, exhibiting themselves most perfectly in the type of 
patwnal supremacy. Consult, again, the histories of the savage 
tribes of the present time, and we have represented a picture 
of society which, placed side by side with the records of pre- 
historic times, indisputably shows the marks of an uncontrol- 
lable despotism. Even in modern civilized countries, though 
the power of the parent is much modified, there still exist 
undeniable proofs of its despotic origin ; and in Russia a 
married son does not establish a separate household as long as 
the head of the family is living.* Language presents deci- 
sive evidence on this point : Grimm identifies, arbja heir, with 
the Sclavonic rab, slave ; supposing that sons and heirs were 
the first natural slaves. Sir Henry Maine, indeed, suggests 
that many causes which helped to mitigate the stringency 
of the father's power do not lie upon the face of history. We 
cannot tell, he says, how far natural affection may have 
rendered it endurable. This no doubt explains away many 
difficulties that appear to modern thought ; but the existence 
and the uninterrupted exercise of parental despotism, when ne- 
cessity called for it, must be an undoubted phase in the history 
of man's social organization. Natural affection would exert 
itself where the children are not many ; but as Montesquieu 
says, when a great many wives are taken the father comes to 
have such a multitude of children that he can hardly have 
any affection for them, nor the children for one another, t It 

* Vide Rev. J. Long's "Village Communities in India and Russia," 
Appendix B. " Relics of the Patriarchal System in Russia." 

f Artaxerxes, for instance, put all his children to death for conspiring 
against him (Justin) ; and the well-known exercise of parental power by 


is only on such an assumption as this, bearing great internal 
proof, as well as indirectly confirming the wonderful growth 
of population among early mankind, that we can comprehend 
the nature of such proofs of the complete submission of man 
to the control of one of his own race ; and it is the earliest 
form of government he is known to have instituted or re- 

I must here mention, what I am indebted to Sir Henry 
Maine for discovering, that this selfsame unit of society is 
the only one allowed by Austin to be an exception to the 
rule that sovereignty is universal among mankind. But 
family society was to Austin only a theory, or a fact but dimly 
foreshadowed ; now it has become one of the most important 
discoveries of history that the comparative method has brought 
to light. I will give the passage at length as illustrating 
what I have already advanced, and as representing in lan- 
guage far more forcible than I could use the original com- 
mencement of personal sovereignty : " Let us suppose that 
a single family of savages lives in absolute estrangement from 
every other community. And let us suppose that the father, 
the chief of the insulated family, receives habitual obedience 
from the mother and children. Now, since it is not a limb of 
another and larger community, the society formed by the 
parents and children is clearly an independent society, and 
since the rest of its members habitually obey its chief, this 

Brutus in executing his sons does not indicate much natural affection. 
We know it also to be a question of history that some people sell their 
children for slaves the Moschi of Herodotus, for instance. 

* Proofs from all ancient society are not wanting. Niebuhr says of 
Egypt that they had only a very small number of names, and in order 
that in legal documents there might be no doubt as to the identity of 
persons, they always mentioned the name of the father. A person is 
described as the son of So-and-so, &c., &c. (" Anc. Hist.," vol. i., p. 46.) 
" To the present day," says Wilkinson (" Egypt," i., p. 73), " a son is not 
expected to sit in the presence of his father without express permission." 
St. Paul, in his Epistle to the Galatians, alludes to the peculiarity of their 
law : " The heir as long as he is a child differeth nothing from a servant, 
though he be lord of all " (iv. i) ; and vide chap. xx. of Crete's " Greece." 


independent society would form a society political, in case the 
number of its members was not extremely minute. But 
since the number of its members is extremely minute, it 
would, I believe, be esteemed a society in a state of nature ; 
that is, a society consisting of persons not in a state of sub- 
jection. Without an application of the terms which would 
somewhat smack of the ridiculous, we could hardly style the 
society 'a society political and independent / the imperative 
father and chief ' a monarch or sovereign] or the obedient 
mother and children ' subjects' " (Vol. i., page 183.) 

But this simple grouping of mankind could not continue in 
its integrity ; for parental power assumed other aspects with 
the growth of ideas among mankind. Long before the com- 
bination of families was allowed to grow into a tribe, long 
before these isolated groups of human beings thought of any 
extensive alliance with each other, wrongs had been com- 
mitted, and the father became judge ; religion had found its 
generating spring, and the father became priest. Yet parent, 
judge, and priest were so essentially bound up together, that 
government, law, and religion are traceable to one common 
origin the father governing his children and dispensing justice 
the true dawning of religion between brother and brother. 

Before proceeding to the next stage of development, another 
consideration of parental society (if the primitive state here 
indicated may be so termed) must be noticed. It arises from 
some late investigations on the subject of consanguinity 
among early mankind, and has been touched upon by Sir 
Henry Maine in his last work upon " Early Institutions " 
(Lect iii.), which I have already extensively used. Theories, 
especially when based upon solid and firm foundations, are 
very apt to become conventional, and using the terms "family," 
"parental," would induce many to suppose that parental 
society must have come into existence after the establishment 
of marriage between single pairs. If we consider the ancient 
family from the modern point of view this would appear to be 
only a necessary conclusion ; but that it cannot be so consi- 
dered becomes apparent from the most superficial study, and 


the internal evidence of man's progress does not teach this 
view. The study of primitive customs gives no reason to 
suppose that women did not hold originally an equal position 
with men, and therefore allowed themselves equal rights with 
regard to forms of marriage. The so-called cosmic philosophy 
presents us with a theory from which may be dimly 
gathered an origin of marriage between pairs at a very early 
stage of human existence, and which indeed would form also 
a cause for the formation of family groups. But the position 
here assigned to the children is too unhistorical, too peace- 
fully homelike, to be accepted at once, however it may recom- 
mend itself to our fancy. " A man," says Sir John Lubbock, 
" was first regarded as merely related to his family." And 
what constituted this relation ? Not the fact of being born of 
a certain mother, but being the offspring of a man who had 
become powerful enough to undertake the duties of a parent, 
to be chief (and therefore protector), judge, and priest of a 
household owing its very existence, and therefore its consti- 
tution, to this one generator. It matters not whether we see 
at this early date the dawn of that great problem now vexing 
the modern political arena, namely, the position and property 
of married women ; for whatever may be considered by the 
best scientists to have been the most primitive form of 
marriage, the one great fact remains that the children born 
were considered to be the offspring and property of the chief, 
without any reference to the mother ; they held their father's 
name, and were considered to be of his blood and his genera- 
tion.* This phase of thought became stereotyped to modern 

* Of course there are exceptions to be met with even to this almost 
universal rule. Herodotus mentions that the Lycians had one singular 
custom, in which they differed from every other nation in the world. They 
take the mother's and not the father's name. - (Cap. 1 73, book i.) Among 
the Nairs of Malabar the institutions all incline to a gynocracy, each woman 
having several husbands, and property passing through the female line in 
preference to the male. (Ibid., Rawlinson's Notes to book iv.) But a 
remark of Wilkinson on the Egyptians (vol. ii.,p. 66) alludes no doubt to a 
type of the general custom which the text mentions. The same customs 
prevailed among the Egyptians regarding children as with Moslems and 


times in the custom of certain savage tribes of America taking 
every care of the father at the birth of a child, while the 
condition of the mother is not thought to be of any moment 
It grew on to further stages, to become the most important 
incentive which led to the fiction of adoption, thereby making 
the ancient idea of a family a much more important unit of 
society than modern thought can well conceive it to have 
been. It was the very looseness of the marriage tie, even if 
we can imagine any tie to have existed at all, that dispelled 
the important influence of natural affection, thereby making 
adoption possible ; and these differences from the modern 
family formed the antidote to a too restricted conservation of 
social existence, leading portions of mankind to expand into 
wider circles, and so allow the whole human race to escape 
a lukewarm existence or thorough decadence, and ultimately 
direct us with finely graduated but ever accelerating steps to 
modern civilization. 

But at the very outset we meet with a question of con- 
sanguinity which materially assists us to understand this 
extension of parental power into its wider form. The ideas 
as to what the family really was were undergoing a change as 
population began to increase ; and on the breach made in the 
natural formation of society, the institutional built up a 
foundation. I cannot do better than quote at length a passage 
from a letter from Mr. Morgan, the American scholar already 
alluded to, which appeared in Nature, for June 3rd, 1875 : 
" In prosecuting my investigations one of the questions to be 
determined was whether the systems of consanguinity were 
artificial or natural. If the former, they are without ethno- 
logical value ; but if natural systems, showing the relation- 
ships which actually existed when they were respectively 
formed, then they would possess immense value, because they 
concerned and demonstrated a condition of ancient society of 

other Eastern people, no distinction being made between their offspring 
by a wife or any other woman, and all equally enjoying the right of 
inheritance, for they considered a child indebted to the father for its 
existence, and the mother to be little more than a nurse." 


which previously we had no definite conception. From each 
system, in such a case, can be deduced with almost unerring 
certainty the form of marriage and of the family in which it 
originated. It was by this course of reasoning that I dis- 
covered the necessary antecedent existence of the inter- 
marriage of brother and sister in a group to account for the 
existence of the Malayan system of consanguinity. This fact 
gives us the starting-point in which ancient society com- 
mences with the proof that it did so commence. Hence the 
second member of the sequence above named (Malayan 
system). This sequence on its face, and these solutions in 
express terms, treat these systems as natural in every respect." 
Now it was the expanding qualities of primitive thought 
that extended natural groupings into institutions. Nowhere 
is this more clearly illustrated than by Sir Henry Maine, in 
his elucidation of the Brehon notions of fosterage. Con- 
ceiving Irish society at that time to be only just developing 
from primitiveness, he points out that the association between 
institutions arising from true kinship and institutions based on 
artificial kinship (such as gossipred, a priestly relation, and 
fosterage, a parental relation) is sometimes so strong, that the 
emotions which they respectively call forth are practically 
indistinguishable ("Early Institutions," p. 247).* If we, there- 
fore, divest ourselves of the modern notions of natural family 
consanguinity, we can well understand how parental power 
assumed to itself characteristics derived from the elasticity,^ 

* So in Niebuhr's " Rome," i., p. 172, we are told that the obligation is 
an essential characteristic of the gens (house>; the reciprocal exercise of 
this noble relation could not but excite in the first instance a feeling that 
led them to regard each other like kindred, and by degrees a belief that 
they were so. These feelings of mutual devotion between kinsmen con- 
stitute the bright spots in a dark age, remarks Mr. Grote (" Greece," iii., 
p. 116). 

f We have an instance of this elasticity in Egypt. Perhaps, in its 
later growth, no more exclusive nation ever existed, owing to the stringency 
of its castes, which would admit no one among them. Yet if we go back 
to their infancy we find that the Libyans, adopting the Egyptian religion , 
had become so much like them by this communion that they were allowed 
to enter their administrations, and soon grew to be indistinguishable. 



because of the meagreness, of primitive thought ; and gradually 
became extended beyond the functions of parental authority 
over children. 

This stage of society presents itself at various successive 
epochs of history. That it once formed the most advanced 
nay, the sole political aggregate of human beings, is a conclu- 
sion to be inferred from the foregoing remarks, though this 
admits of great modification, without the compass of 
the present paper, according to the views taken as to the 
incipient progress of primitive thought along the line of im- 
provement. Beginnings are naturally slow compared with the 
accelerated progress afterwards made, and perhaps a pro- 
longed infancy of social thought may have followed a pro- 
longed infancy of evolutionary progress. At all events, if 
history does not present a view of the crystallization of family 
society, it has furnished us with retrograde movements to 
this state. Savage tribes may give us specimens of the 
former, though there are no decided proofs of this supposi- 
tion ; but, for the latter, customary law can be traced to its 
origin only by the assumed existence of larger groups, which 
at a later date dissolved into the independent collection of 
families forming the cultivated communities of the Teutonic 
and Hindoo races.* This, at any rate, serves to show the 
conservatism of human thought when not acted upon by 
powerful outward influences such as those, for instance, that 
again thrust forward the Teutonic families, and made them 
combine to form the leading empire of civilization and power 
to be found on the pages of history. 

I have thus far endeavoured to show how parental society 
came to be extended from a simple relationship to wider defi- 
nitions ; and the next step in our line of progress is the position 
taken up by the father when the circle of human community 
expanded into its next stage, namely, that of race,f which, 

* Maine's " Village Communities," p. 156. 

f Difference of race does not necessarily imply difference of language. 
" What we are accustomed to call race," says Max Muller (" Turanian 
Letter"), "may date from a period in the history of the world anterior to 
any division of language." 


says Ewald ("Lehre der Bibel von Gott," i., 190), taken in its 
oldest sense, is only the expansion of the house. The father's 
influence over his own children, or a household of his own 
creating, is natural ; the extension of this influence, as the 
representative descendant of a departed ancestor, is institu- 
tional. It was the priestly character acquired by the father 
that became the moving cause of this extended power, by 
allowing the eldest son to be the only person capable of 
taking upon himself the growing important duties of priest,* . 
inherent in him as the firstborn of his father.f Round 
this descendant from their common ancestor, gradually 
believed in as their hero-god, clustered the various families ; 
and thus we come upon the dawn of clan society, with the 
parent assuming the position of " patriarch." 

The stronghold of parental society, as we have seen, was 
filial obedience ; and the stronghold of patriarchal society was 
that reverence for departed ancestors we find so generally 
distributed among mankind. The interval between the forma- 
tion of family groups in their last and more complete stage of 
development, and the growth of patriarchal groups, is con- 
ceivably so short that it would be difficult to say any dis- 

* The father of the house might hold the position of hereditary 
priest of this often already numerous community ; and how long this 
relation lasted, especially among the old shepherd peoples, is sufficiently 
shown by the remembrance of the patriarchs of Israel. The sometimes 
very arduous duties of the sacrifices were in the same way the lot, since 
the oldest periods, of the eldest sons, as those most nearly bound and 
ordained (justified in taking the office) : this is a primevally old custom 
of which many traces remained down to the time of Moses and even 
later. Ewald, " Lehre der Bibel von Gott," i., 190. 

f" Many new sects or voluntary "religious fraternities acquired permanent 
establishment as well as considerable influence. They were generally 
under the superintendence of hereditary families of priests." (Crete's 
" Greece," i., p. 36.) Priesthoods were hereditary among the Jamids and 
Telliads of Elis (" Herodotus " ix. 33, 34), the Talthybiads of Lacedaemon 
(viii 134) and the Telinids of Gela in Sicily (vii. 153). Other writers, 
says Rawlinson ("Notes to Herodotus," vol. iii., bk. vi., cap. 60, note 7), 
furnish a very much larger catalogue of priestly families (consult 
" Hist, de 1'Acad. des Inscrip.," tome xxiii., p. 51 et seq.). 


turbing causes had as yet interfered with the development. 
Patriarchal society may therefore at one time have universally 
existed as a distinct epoch in man's progress ; but what is 
perhaps still better proof are the many traces of this social 
union having afterwards dissolved, with its originating germs 
still living in the altered form ; to which cause, as I have 
already stated, Sir Henry Maine traces the beginning of 
much of the customary law existing in all societies. Beyond 
this, however, types only of each system are to be found, 
though they never entirely fade away from history, but, on 
the contrary, always exercise an influence on the subsequent 
stages, and mainly underlie the principles of all government, 
individual or collegiate, even at the present time. 

During the infancy of mankind, when society was in its 
nomadic state, and families made regular marches to some 
fresh pasture as soon as the forage of a certain district was 
consumed, it is easy to understand that it was almost unne- 
cessary, even if possible, for the patriarch to exercise an 
important or powerful control over any other but his own 
immediate household. From the considerations just given on 
the systems of consanguinity, we can imagine the family to 
have been an extensive one, and always capable of still greater 
extension , but there was wanting that spirit of political com- 
bination which produces the elements of a nation, and we 
only see mankind spreading themselves over the earth in 
primitive family groups, each individual amenable first and 
foremost to the parental laws, and the parent, in his turn, 
recognising some influence from a common ancestor, or his 
representative, the existing head of the family. In short, 
they may be conceived to be exactly in that state of living 
under an absolute despotism when, as Niebuhr says, it is 
difficult to decide how far a people could feel an interest in 
the supremacy of its own race over that of another.* It was 
doubtless this quiescent spirit that kept them from combining 
against each other too soon ; for distinctions of race must 
very early, and for a long period, have been one of the ele- 
* Niebuhr's "Arc. Hist.," vol. ii., p. 98. 


ments of primitive society to have produced those great ethnic 
wars, which, exceeding in fierceness the political wars of later 
times, have left no slight record of their struggle to modern 
times.* Thucydides has said of the Scyths that no single 
nation could match them if they were but united among 
themselves ; and doubtless a similar truth soon became 
apparent to the struggling races, and was the chief disturbing 
cause of this period. 

But though preceding these wars people were not yet or- 
ganized into a nation, they undoubtedly formed a series of 
independent tribes or clans ; and, having no territorial influ- 
ence to bind them together, naturally made a link-hold of 
their romance of ancestry round which to gather. We have 
seen this ancestry strengthened by the invigorating influence 
of religion, the priests of which were descendants of the hero- 
ancestor. As in the retrospective faith of a Greek, so among 
mankind generally at this early period the ideas of ancestry 
and worship coalesced. " Every association of men," to use the 
words of the Greek historiari,f "large or small, in whom there 
existed a feeling of present union, traced back that union to 
some common initial progenitor ; and that progenitor, again, 
was either the common god whom they worshipped, or some 
semi-divine being closely allied to him." Yet, though believing 
in the divine ancestry of their patriarch, the members of this 
society never once thought of their chief as a god, never once 
let go the connection he had with them, and therefore, in asense 
a common basis of equality. Even when kings, as we know 
them, had established themselves, they were never able to 
assume more than a partial share of divine nature. The Egyp- 
tian king, whom Wilkinson supposes to be the earliest, is 
represented in the sculptures as making an offering to himself, 

* Consult Max Muller's Turanian Letter in Bunsen's " Philosophy of 
Universal History." 

f Vide Grote's " Greece," vol. i., p. no. " In early times princes and 
afterwards the great aristocratic families traced their pedigrees to heroes 
and through them to the gods, just as the northern kings trace theirs to 
Odin." Niebuhr, " Anc. Hist." ii., p. 169. 


his human doing homage to his divine character. This shows 
how the human and divine natures were then thought to 
be distinct ; and the breach has never been lessened.* 

The view here taken is giving ancestry a wide and powerful 
influence, and a primitive and primordial origin ; but what 
else could have been the tie that held a race together, and kept 
distinguished, after an ethnical division, a branch of one 
family from another, until other and more important influences 
appeared on the face of history ? Climatization had some- 
thing to do with it, no doubt ; but it could not do all ; for in the 
progress of history we hear of a section of the Aryans being 
surrounded by a Semitic people t race was kept distinguished 
in all the great Eastern empires, e, g., the satrapies of Persia 
and within the reach of modern observation intermixture of 
race among the tribal Indians has taken place to a large 
extent, without destroying the nationality. We have only, 
therefore, to fall back upon the custom (and it was a 
natural one) of observing the lineage of each individual 
through the parentage of his family to the progenitor of 
his race, which tacitly avowed an influence, not always 
defined, of patriarchal power. 

* Vide also " Herodotus," Rawlinson's Notes, vol. ii., cap. 3. 

t " In Western Asia, the cradle of the human race," says Rawlinson 
(" Herodotus," App. Bk. i., Essay xi.), Semitic, Indo-European, and 
Tatar or Turanian races, not only divided among themselves this portion 
of the earth's surface, but lay confused and interspersed upon it in a 
most remarkable entanglement." 

" Some combined association of individuals, some clannism seems re- 
quisite to the preservation of a language in the midst of a foreign nation. 
Thus it may be inferred that the Hebrews retained their language during 
their sojourn in Egypt." (Pickering's " Races of Man," p. 287.) The 
system of castes is an evidence of the distinction of nationality on the 
same territory. " The Egyptian division of castes is very ancient, and 
certainly shows that the country was conquered by foreigners. The 
example of India also shows that the castes are the result of conquest, 
and that they represent different nationalities," (Niebuhr's " Anc. Hist.," 
ii., p. 65.) I may also mention, that the detached territories under a 
Persian satrapy are described by Heeren to be ethnic divisions rather 
than geographical. Vide also Rawlinson's " Herodotus," vol. ii., app. 
iii., p. 562. 


Again, we can trace an incipient influence of this power 
which can only have been exercised through the tie of ancestry 
in that community of law whose basis and limit is race. It is 
only in modern times that territorial law has found an 
existence. The laws of a tribe were generally respected 
and allowed to remain unaltered of the most tyrannous of 
conquerors, even as we now find in the Turkish empire. When 
we can trace the very germ of all laws to their origin as obe- 
dience to the commands of a parent <3\\<dprincipes erant 
quasi animate leges we can perceive motives for ancestry 
beyond the vanity which dictates similar ideas to modern 

If the universality of this custom is proof of its primi- 
tive origin, and inductive reasoning would teach this view, 
instances can be multiplied over and over again from the 
early history of almost every people. It forms the funda- 
mental portion of Biblical history, and was the chief means 
of obtaining a chronological datum for it. The ancient 
Greeks, as Niebuhr tells us, had the inclination peculiar to 
human nature to derive all that exists from individual 
persons ; their whole social existence was saturated with 
this idea, and the greater part of their mythology and 
legends is occupied with tracing the lineage of some tribe 
or house to a hero eponymous. It formed in its integrity 
the basis of early Roman society ;* and afterwards, by the 
addition of the legal fiction of adoption, was the -germ of 
the later jurisprudence. It is now proved to have exten- 
sively existed among the Celtic tribes of primitive Europe. 
It ran through the whole constitution of the Teutonic inva- 
ders of Rome, who, according to Sir Henry Maine, remem- 
bered or believed in the direct descent of the families from 
whom they chose their chiefs, from a common ancestor ;f 

* Consult Niebuhr's " Hist, of Rome," vol. i. It would be useless to 
quote passages, there are so many applicable to the question 'of the 
genealogical phenomena of primitive history. But note particularly the 
chapter on CEnotrians and Pelasgians. 

t " Village Communities," p. 145. 


and it still remains .a chief feature of modern barbarism,* 
nay, of modern civilization. To this universality of opinion 
as to ancestry the science of language lends yet one more 
proof in the derivation and application of the word race. 
What we are accustomed to call race (I quote from Max 
Midler's Turanian letter), and what, as Humboldt has shown, 
should more properly be called vanity, may date from a period 
in the history of the world anterior to any division of lan- 
guage ; or, on the other hand, its first effects may have been 
felt long after the confusion of speech had led to the disper- 
sion of mankind. This gets rid of any supposed intimate con- 
nection between ethnology and philology ; and in a note in the 
same work I find that race is derived, not from radix, as hitherto 
supposed, but from the old German reiza, line, or lineage. 

But this ancestral influence was stiil wanting in one essential 
to make it all-important. Among nomads, remarks the 
author just quoted, empires were no sooner founded than 
they were scattered again like the sand-clouds of the 
desert ; no laws, no songs, no stories outlived the age of 
their authors. Thus we see that the institutions then exist- 
ing, primitive and simple as they were, were destitute of 
solidity ; and therefore the first and most important, namely, 
patriarchal sovereignty, was at this stage not self-com- 
manding like parental power. It must have gained this 
subsequent element by means of territorial appropriation ; 
and it is now that it will assume more of the aspects of 
historical monarchical government.^ 

* Schoolcraft, " Indian Tribes" ii., p. 49. "The totem of the redskins 
is a symbol of the name of the progenitor. Its significant importance is 
derived from the fact that individuals unhesitatingly trace their lineage 
from it, and families are thus traced were expanded into bands or 
tribes." Lubbock's "Primitive Man" p. 173. 

f By territorial appropriation I do not mean to imply that it became a 
territorial sovereignty. This was distinctly an offshoot of modern feudal- 
ism. Consult Sir H. Maine's " Anc. Law," pp. 103 107. 

J Before dismissing the subject of patriarchal society I would 
refer to cap. v. of Maine's "Anc. Law." It gives some varied and 
important information on patriarchal power, and though relating 


Patriarchal government, we know, did not of itself imme- 
diately produce historical kingdoms.* The notions of ancestry 
connected with it served, as the mythical pedigrees of Greece 
did, to unite together special clans or gentes rather than the 
bulk of any community in fact it produced the elements of a 
nation without the political combining power so materially 
associated with historical empires. As an instance of how 
little ancestry had to do originally with territorial occupation, 
the country called Attica, which during the historical ages 
formed one social and political aggregate, was originally dis- 
tributed among various hereditary sects that is, a multitude 
of persons, not necessarily living in the same locality, but bound 
together by an hereditary communion, and claiming privileges 
as well as performing obligations, founded upon the traditional 
authority of a common ancestor.f Such privileges and 
obligations are still traceable in much of the customary 
law of modern nations ; and Sir Henry Maine, without any 
reference to the instance of Attica, considers the most plausi- 
ble account that can be given of them is that they were 
at the outset obligations of kinship sanctioned by patri- 
archal authority.^ This is proof that patriarchal society may 
not only continue to exist without necessarily forming itself 
into a nation, but that it may, after a long period of non-pro- 
more particularly to Roman law, helps to obtain an enlarged view 
of this state of primitive man. See " Village Communities," pp. 1 1 1, 156. 

* Professor Jowett, in his Introduction to Plato's Laws, p. Ixiii., re- 
marks "that the chief object of Plato in tracing the origin of society is 
to show the point at which regular government superseded the patriarchal 
authority, and laws common to many families took the place of the old 
customs. The laws were systematized by legislators, and new forms of 
government began to spring up." The ideality of Plato's mind would 
suggest much that his restriction to Grecian history might otherwise 
prevent, but it would not suggest enough. " The history of the world," 
says Max Miiller, in his essay on Comparative Mythology, " has laid 
open new avenues of thought, and it has enriched our language with a 
word which never passed the lips of Socrates, or Plato, or Aristotle 

t Vide Grote's " Greece," vol. i., p. 264. 

J "Village Communities," p. in. 


gressive existence, suddenly obtain the desire and the intel- 
lectuality to become a territorial empire. 

According to the doctrine of Montesquieu, republicanism 
would be the natural development from paternal govern- 
ment, the sons obtaining together the power wielded by the 
father. But history does not thoroughly coincide with 
this view,* for, at its very dawn, government by a single 
person universally bursts upon our view ; and though in many 
cases other influences than patriarchal power may have been 
at work, we have evidence that the law of primogeniture is an 
heirloom from these times, and enabled the descendant, either 
actual or representatives of a patriarchal governor to es- 
tablish a government . From this point of view the influence 
of ancestry and the priesthood of the father may be consi- 
dered as modifications of a regular development of govern- 
ment, though they work in so well with man's natural 
instincts, and begin so early in his history,^ that we can 
hardly distinguish them from a law of nature. The Teutonic 
monarchies perhaps the most perfect illustration of a pure 
development from patriarchal society unite all the princi- 
ples of democracy with most of the sentiments of ancestral 
faith, and invariably does the term applied to the office of the 
personal ruler, though in many cases admitting a subsequent 
signification, come from a root originally meaning " father." 
One thing is certain, that patriarchal power, with all its com- 
ponent, or perhaps tributary elements of ancestry and 
sacerdotalism, has never faded from the face of history, from 
the remotest ages of which we can glean records down to the 

* That is to say as a general rule, and among the more powerful em- 
pires. The tale commonly believed by the Greeks as to the formation of 
the confederacy of twelve cities into the Ionia of historic times is based 
upon the asserted rights and co-existent sovereignty of the twelve sons of 
Codrus, ( Vide Rawlinson's " Herodotus," iii., App. bk. v., Essay 2.) The 
Suliots, again, mentioned by Niebuhr (" Rome," i., p. 265), were actual 
families descended from a common stock, each under its captain, who 
was its judge and leader ; the captains collectively made up a senate. 

f Vico dwells upon the religious and poetical susceptibilities as the 
first to develop themselves in the human mind. 


present time ; and in this power can be distinctly seen the 
germs of monarchical government. 

The connection which monarchical government has with the 
social elements I have treated of, and how the important ele- 
ment of chieftainship has been left out of consideration by 
writers on the origin of society, I cannot further illustrate 
now ; but I may be permitted to express a hope that I have 
sufficiently shown the real interest and worth of the subject, 
to be enabled at a future time to lay before the Society 
some additional researches which I have partly made. 
It is a subject worthy of history ; worthy of the greatest 
study and reflection ; and worthy, I hope, of showing what 
the great Bunsen has taught in his immortal words 
" the desire to fix in that course called the universal history 
of mankind some landmarks pointing out the progress of our 



Fellow of the Royal Historical Society. 

FROM the commencement of the reign of Queen Elizabeth 
down to the middle of the last century, several members 
of the Foxe family, descendants of the great martyrologist, 
resided in the parish of Waltham Holy Cross.* And it is 
asserted by several local writers that the justly celebrated 
John Foxe himself resided in this ancient town, where 
he uninterruptedly pursued his literary labours during the 
early part of the latter half of the sixteenth century. 
Tradition even points to the house t in " Sun Street," 
then called " East Street " in which he compiled the 
" Book of Martyrs." Some have supposed that John Foxe 
visited the house of Mr. Cressey in the Homeland with 
Stephen Gardner and Henry the Eighth to consult about the 
king's divorce from Catherine of Arragon, but that is a 
mistake which the writer has pleasure in correcting. It was 
Dr. Edward Fox (afterwards Bishop of Hereford) that figured 
in that scene, and not the martyrologist. 

We find that John Foxe married Agnes Randall J February 
3rd, 1547, and the year following both he and his friend 
John Bale were hospitably entertained at the residence of 
the Duchess of Richmond, Monjoy House, Knightrider Street, 

* Waltham Holy Cross is the correct name of the town, although it is 
more frequently called Waltham Abbey. 

t In the summer of 1871 some necessary improvements were being 
made in this house when a fine Gothic chimney-piece was discovered. It 
was in an excellent state of preservation, consisting of Reigate stone, six 
feet in height and five feet in width, carved with various floral devices, and 
coloured with vermilion, green, and gold. Near the spring of the arch 
on the left shield were the letters " I.V.," and on the surface of the arch 
above the initial letters " F." and " F.S." 

J They were married at Charlecote. Persons of the name of Randall 
possessed property at Waltham in the seventeenth century. 


when Foxe's first work was printed by Hugh Singleton. 
Two years later John Foxe was ordained deacon at St. Paul's, 
by Bishop Ridley. In 1551 he published his " Chris tus 
Triumphans Comcedia Apocalyptica."* At this time he 
lived under the Duchess of Suffolk's roof in the Barbican. 
Owing to the Marian persecution in 1554 he fled with his wife 
to Flanders, and thence to Strasbourg, where he published 
the first part of his Ecclesiastical History. In March of the 
next year he was in England, and took up his freedom, as we 
gather from Mr. Arber's newly published " Transcript of the 
Stationers' Register" (vol. i., p. 33): "Item, Recuyd the 
Vth of March [1555] of John foxe in Recompence of his 
brakefaste at his makyng fre iijs. iiijd." According to Foxe's 
biographer there appears to be a slight error respecting the 
dates which may not easily be reconciled ; Foxe is said to have 
been abroad in 1554 and 15 5, and yet we find him at London 
in the early part of 1555. He was at Frankfort the 
same year, whence he removed to Basle in November ; 
he may possibly have returned to the Continent directly after 
taking his freedom. He, however, remained in Basle till late 
in the year 1559, when he returned to, England with his 
wife and two children, a girl and boy (Samuel), all in great 
distress. They were at once admitted into the Duke of Nor- 
folk's mansion, Christ Church, Aldgate. The duke was his 
patron and benefactor. Early in 1560 Foxe was ordained 
priest at St. Paul's, London, but refused to wear clerical habits, 
consequently he was enabled to preach in his own order 
quietly to the common people, who heard him gladly ; 
by this means also he pursued without much molestation 
his literary labours, collecting materials from registers, 
&c., for his Martyrology.t The same year we find him 

* A translation was made by John Day, son of the great printer, and 
published 1579. 

f In the " Stationers' Register " the following is recorded : 
" Rychard Adams for Prynting the Register of all them that ware 

burned without lycense was fyned at Vs Vs. The editor 

notes that this compendious register in metre of the Marian martyrs 
was written by Thomas Brice, and was doubtless of considerable use 


preaching at Norwich, where his family, it is said, 
remained three years ; he occasionally resorted to the Duke 
of Norfolk's mansion with the view of carrying on his literary 
work. His son Samuel remarks, " From that house he 
travelled weekly every Monday to the printing-house of John 
Day. In that my father's house many days and years and 
infinite sums of money were spent to accomplish and con- 
summate his English monuments, and many other excellent 
works in English and Latin." In 1562 John Foxe wrote to 
Archbishop Parker seemingly to inquire about some materials 
for his forthcoming work on the History of the Church, and 
early in the next year, 1563, the first English edition of his 
great work was published. Ames gives " 1562" as the date 
of the first edition of " Acts and Monuments," but " queries 
1563."* The British Museum copy of this edition is im- 
perfect, wanting the last leaf, whfch is supplied by a fac-simile 
(folio, 1563). The title of this work reads thus : " Actes and 
Monuments of these latter and perillous dayes, touching 
matters of the Church wherein ar comprehended and 
described the great persecutions, & horrible troubles, that 
haue bene wrought and practised by the Romishe Prelates, 
especiallye in this Realme of England and ' Scotlande, 
from the yeare of our Lorde a thousande, vnto the tyme 
nowe present. Gathered and collected according to the true, 
copies and wrytinges certificatorie, as wel of the parties them- 
selves that suffered, as also out of the Bishops' Registers 
which wer the doers thereof, by John Foxe. Imprinted at 
London by John Day, dwellyng over Aldersgate. Cum 
Priuilegio Regis maiestatis." Ames observes that whether 
John Day "was secretly or openly supported in the cost and 
trouble it must have occasioned, does'not appear upon record." 
The department of art alone must have been very important. 
The cuts are numerous, and the subjects are generally drawn, 
composed, and engraved with very considerable skill. They 

to John Foxe in the preparation of the first English edition of his 'Acts 
and Monuments.'" 1558-9. 

* Ames, Typog. Antiq., vol. iv., p. 82. 


have a freedom and force worthy of some of the more 
celebrated foreign artists, by whom in all probability they 
were executed. " His 'salvo ' at the end of his Latin preface 
is a shield, which he judiciously uses to avert or blunt the 
shafts of those whose hostility such a publication must have 
prepared him to encounter. The compiler wanted not a host 
of angry, and even in many instances successful antagonists, 
among whom Stapleton, no mean scholar, led the van. Yet 
Foxe is now read, and Stapleton, even by his own party, often 
neglected." Strype remarks that "great was the expectation 
of the book here in England before it came abroad. The 
Papists scurrilously called it ' Foxe's Golden Legend.' 
When it first appeared there was extraordinary fretting and 
fuming at it through all quarters of England, and even to 
Louvaine." It was well received by many as a true record of 
the past, and, as a modern writer observes, the common 
people " loved the church of their forefathers as they saw it 
restored by the queen, because of the power which Foxe had 
given them of estimating its superior pretensions to their 
favour." In the same year, 1563, issued from the press Foxe's 
learned work on the doctrine of the " Eucharist," dedicated 
to John Harding of Brazenose College. He also made an 
appeal to the public on behalf of the poor sufferers during the 
fatal plague which prevailed in London in the summer of the 
same year, when no fewer than 21,530 persons died in the 
city of London alone. 

The Queen, to show her appreciation of the "Book of 
Martyrs," presented Foxe with the canonry of Shipton, in 
Salisbury Cathedral. From the Register of that cathedral we 
gather that Foxe was not present at the synods held there in 
1564 and 1565, " nor/' says a writer, " probably at the ensuing 
ones. He was not present at Bishop Jewell's visitation in June, 
1568."* In 1 564 and onward letters from different persons were 
addressed " to my goode friende Mr. Foxe at Mr. Dayes, ouer 
Aldersgate." At this period he appears to have been in 

* "Church Historians," Seeley, vol. i., 1870. Also, "Book of Com- 
positions," Pub. Rec. Off. 


search of information for the second edition of his Martyr- 
ology, and we have strong reason for believing that he made 
a tour to Waltham Abbey (in 1565), for in the Register of the 
parish we find an entry which relates to "John Foxe" and 
his two children, viz., 

" Baptised Rafe and Mary foxe, the sonne and dowter of 
John foxe, 2Qth Jennary, Ano. Do. 1565." 

One year prior to this date Foxe's friend, Sir Thomas 
Heneage, Knt, came to reside at Copt Hall, * in the parish of 
Waltham, and here it was, we presume, that John Foxe visited 
Lady Ann. Heneage during her illness, as recorded by the bio- 
grapher of Foxe in the second volume of the "Acts and 
Monuments," 1641: "The Lady Ann Hennage, who lying 
sick of a violent Feaver, when the disease had so farre 
increased that the Physitians had pronounced it deadly, 
Master Fox was called to be present at her ending, whose 
counsell and fidelity she had often made use of in matters 

* Queen Elizabeth, on the 3rd of August, 1564, granted, by letters 
patent, Copt Hall, in the parish of Waltham Abbey, to Sir Thomas 
Heneage and Anne his wife, to be held of her the Duchy of Lancaster by 
the service of a knight's fee. Sir Thomas Heneage, the son of Robert 
Heneage, Esq., was Knight of the Shire for the county of Lincoln in 
the Parliament held at Westminster in the 8th of Queen Elizabeth. He 
was also captain of her guard, treasurer of her chamber, vice-chamber- 
lain of her household, chancellor of the Duchy of Lancaster, and one 
of her privy council. He was owner of Copt Hall at that time the 
noblest house in Essex and Brightlingsea, in the same county, and 
married Anne, daughter of Sir Nicholas Poyntz, of Acton Poyntz, co. 
Gloucester, by whom he had issue Elizabeth, who became the wife of 
Sir Moyle Finch. Lady Anne Heneage died November 3Oth, 1594, and 
Sir Thomas, her husband, died I7th October, 1595, owning the Copt 
Hall estate, then valued at 24 6s. 8d. per annum. This estate passed 
to his daughter Elizabeth, wife of Sir Moyle Finch ; who by letters 
patent bearing date July 8, 1623, was in 1628 created Viscountess of 
Maidstone and Countess of Winchester. "The purchase of this peer- 
age raised at the time much talk. The price is said to have been the 
lady's fine seat at Copt Hall as a bribe to Lord Treasurer Craufield." 
Lionel Craufield possessed the estate in 1622, and died August 6, 1645. 


appertaining to her soules health. After he had performed 
what he came for, in reading prayers, and comforting the sick 
woman, with such perswasions as seemed good to him, " Well 
have you done "(said he), and according to your duty, to pre- 
pare yourself for all events, but know this from me, that of 
this sickness you shall not dye. . . . Among those that 
stood by was Sir Moxle Finch a well known and honourable 
knight, the ladies sonne in law. . . . The lady recovered ; 
nor can I in this tell an untruth, there being many yet living, 
uho could reprove me." 

There appears to have been only one Christian martyr 
recorded by Foxe as coming from Waltham Abbey, and he 
was a smith of the age of twenty-four years. He was first 
charged with heresy by a justice of the peace in Essex, 
then sent to Colchester Castle, thence to London, and was 
burnt at Stratford, in the county of Essex, with twelve others, 
in J.une, 1556. His name, trade, and place of abode are 
recorded in the first edition of the "Acts and Monuments," 
thus : " Milliara ||JBlUto*lI has a Jmtitjj of % |)&ns{;t of Malt* (jam 
Jjolk rrosse, ano of ijje aq* of 24 gearts or turnabouts." The name 
of " Halliwell " is variously spelt ; it occurs twice in the old 
parish registers of Waltham, but is more frequently to be met 
with in the Parish Registers of Cheshunt, Herts, (an ad- 
joining parish to Waltham). 

In 1571 a second edition of Foxe's Acts and Monu- 
ments appeared, "contayning the Actes and Monumentes 
of thinges passed in every Kynges time in this realm," 
&c. In the " Stationers' Register " is an entry under date 
1570, which is believed to refer to the death of one of the 
family : " Recevyd of Mistres foxe for the herse cloth xij d " 
Mr. Arber writes, " May this be taken as evidence of John 
Foxe's death ? " Certainly not the martyrologist's, for there 
is an abundant proof that he died in 1587. In 1570-1 Foxe 
made his home in " Grubb Street, London." On the 2nd of 
June, 1572, he attended his patron, the Duke of Norfolk, 
to the place of execution, accompanied by Sir Henry Lee 
and Dr. Nowell, Dean of St. Paul's. The duke so much 



respected Foxe that he granted him an annuity of 20. 
The next year the works of Barnes, Tyndale, and Frith, 
collected and edited by Foxe, were issued from the press. 
In 1576 the third edition of the "Book of Martyrs" ap- 
peared, consisting of 2,008 folios. We are informed that 
the martyrologist still continued to collect fresh materials for 
a new and improved edition of his work, as well as attend to 
the duties of the ministry. About this time he published 
an excellent treatise on "Justification/' with an address to 
Osorius, who died in 1580. In the year 1586 his health 
began to decline, and this is not surprising considering his 
many arduous labours. An intimation of the fact is recorded 
by his wife to her son Samuel, who had lately returned home 
from a tour on the Continent. 

" Samuell, we have us comended unto you, desyringe the 
Lorde Jesus to blesse youe. Conserninge the Boucke which 
you wryghte for, the Boucke of Martyrs, your father wolde 
have youe to wryte to the fellowe of Salsberye to knowe yf he 
wyll staye tell the Boucke comme forthe, which is halfe dun 
all redye, and wyl be better a gret dell ; and for the cronycle, 
yt wyll not be longe before you comme hyther yourselfe ; for 
I promyse youe I have no money, for I have borred x all 
redye ; and for the boucke which youe wold haue of youre 
father's, I cannot fynde yt in his stoudye. As for youre father 
he is so weicke yt he cannot gooe into his stoudye, therfore I 
praye youe to praye for him ; we wer with youre Aunte 
Randall for the letter of attorneye, and she wyll not doo yt 
withowte her Brother Harryes counsayle, and he is not at 
home as yet. But she hath sent youe a Letter. No more 
to youe. But the Lorde Jesus blesse youe and us all. 
Amen. Your lovinge mother. 


John Foxe adds a postscript to this letter : 

"Samuell I marvell that you were so unwyse to blabbe 
out anything of ye bok of ye Apocalypse to Doct Humfrey. 
Such is my weaknes now, and hath been thys moneth, y 1 I 
can nether eate, sleape, nor wryte, nor goo up yett to my 


study, whereby ye boke standeth yett att a stay, in prynting. 
The Lord knoweth how I shall goo forward eyther for 
fynyshyng ye boke or dedication thereof. Whereof I pray 
you to make no words to any person. Pray to ye L. Jesus 
for me. He graunt you hys blessyng." * It may have been 
about that period that John Foxe, as we are told in his 
memoir, spoke severely to his son respecting the " foreign 
and somewhat fantastical garb " in which he appeared on his 
arrival at home from his long absence abroad. His father 
addressed him thus: " Who are you ? " " Sir, I am your son, 
Samuel." " Oh, my son ! " said the father, " what enemy of 
thine hath taught thee so much vanity ? " 

The time had now arrived for John Foxe to quit this scene 
of mortal suffering ; but none of his sons appear to have been 
made acquainted with the solemn fact. And it was Foxe's 
intention that they should not be let into this secret, that a 
sight of his physical sufferings should not augment their 
sorrows. It seems that a short time before his death he 
desired Samuel, his son, to go a three days' journey about 
some important matter, and his sons Simeon and Robert he 
requested should not be sent for. Samuel records in 
his diary that " in Easter holidays my father died," viz., 
April 1 8th, 1587, at his residence in London. Good old 
Fuller notes that Foxe " was not nipt in the bud, nor 
blasted in the blossom, nor blown down when green, nor 
gathered when ripe ; but even fell of his own accord, when 
altogether withered. As for the time of his death, take it 
from his own epitaph on his monument, which for the 
beauty thereof bears better proportion to the outward mean- 
ness than to the inward merit of his person, there entombed 
in St. Giles's Church, Cripplegate. 

* Harl. MSS., 416, f. 146. 





Fuller has epitomized the life of Foxe in a few quaint and 
pithy lines, which are as follow : 

" Rare Fox (well furr'd with patience) lived a life 
In 's youthful age devoted unto strife ; 
For the blind Papists of those frantic times 
Esteem'd his virtues as his greatest crimes. 
The hot pursuit of their full crying hounds 
Forced him to fly beyond the lawless bounds 
Of their hot-scented malice : though their skill 
Was great in hunting, yet our Fox was still 
Too crafty for them ; though they ranged about 
From place to place, they could not find him out : 
And when they saw their plots could not prevail 
To bless their noses with his whisking tail, 
They howl'd out curses, but could not obtain ; 
Their prey being fled, their curses proved in vain. 
From whence I think this proverb came at first, 
' Most thrives the Fox that most of all is curst.' " * 

John Foxe's beloved wife Agnes long survived him,t and it 
is believed that she was buried in the same church, from the 
fact that the Cripplegate Church Registers record the burial of 
" Mother Fox," April 22nd, 1605. 

* Fuller's " Abel Redivivus," vol. ii., p. 87. 

f In 1592 Mrs. Foxe was living in Grub Street. See Lansd. MSS., 819. 


It is impossible to estimate the advantage which has been 
realized by the Christian Church from the writings of John 
Foxe, especially from his " Book of Martyrs," which for its 
popularity and usefulness may be placed side by side with 
the universally accepted " Pilgrim's Progress." But no book 
has met with a more fierce and merciless race of critics 
than the " Acts and Monuments " of the Church. The perse- 
cuting Harpsfield under the name of Alan Cope, and Staple- 
ton were among the martyrologist's greatest antagonists. And 
the same spirit manifests itself in the writings of such men as 
Parsons, Collier, Milner, Churton, Maitland, Tyler, Tytler, and 
a host of others. While Foxe found himself surrounded by 
a host of enemies, so, on the contrary, he enjoyed the 
company of many friends who assisted him in his work. 
The learned Bullinger who read the Latin edition of 1559, 
says in a letter to Foxe, " I am devotedly attached to 
you on account of your piety and learning, but chiefly for 
your Book of Martyrs of England." Strype remarks that 
Foxe's Martyrology was of such value to the Christian 
readers and to the service of our religion reformed, that it 
was in the days of Elizabeth enjoined to be set up in some 
convenient place in all the parish churches together with the 
Bible, and Bishop Jewel's defence of the Church of England.* 
During the tyrannical government of Laud, Archbishop of 
Canterbury, the " Book of Martyrs " was removed from the 
churches. In the churchwardens' accounts of the parish of 
Waltham, under date 1634-5, we find that this church possessed 
a copy of Foxe's work in three volumes folio ;f but after that 
date no mention is made of the Book of Martyrs, which proves 
the truth of Laud's severity. The entry in the above accounts 
runs thus: " 1634-5. Certain ornaments and other necessaries 
left in the church w l Thomas Dickerson church Clarke as 
followeth. One sirplus, one ell of towen cloath to keep it in. 
One bible, three books of Marties, one booke of Mr. Juewle's 
workes," &c. Before this time " by the seventh injunction of 

* Annals, Vol. Ill,, p. 503. 

t This edition was published 1632. Athena Oxon, vol. i. 531. 


Edward VI. each parish was ordered to purchase the Para- 
phrase of Erasmus on the Gospels,* to be set in a convenient 
place in the church." In the Register of Waltham we find 
" Item, paid for half the book called Paraphrase, 55." 

On May 6th, 33 Hen. VIII., a new impression of the Bible 
was finished ; and the king ordered by proclamation that all 
curates and parishioners should set up in every parish church 
a Bible of the greater volume, that the people might read 
therein before All Hallowtide, under the penalty of forfeiting 
forty shillings a month after that time. Burnet observes 
" that Bishop Bonner, seeing the king wished it, set up six 
great Bibles in St. Paul's, and upon each of the pillars to 
which they were chained was placed an exhortation to the 
people to conduct themselves with all devotion, humility, and 
quietness, but not to draw multitudes about them, nor to make 
exposition of what they read, nor to read aloud, nor to make 
noise in time of service." The people, it seems, came to hear 
the Scriptures read, and such as could read, and had clear 
voices, came frequently with a great number of persons who 
were anxious to listen. In the Cott. MSS., British Museum, is 
a proclamation in the king's own hand against persons calling 
each other Papist, and heretic, and also against reading the 
Bible in English aloud in churches during mass, but allowing 
the congregation to read to themselves.f The "Acts and 
Monuments " appear to have given even greater offence to 
the Papists than the Bible. Oldmixon the historian writes, 
" No book ever gave such a mortal wound to Popery as this 
Book of Martyrs," and we believe it. The faithfulness of 
Foxe is attested by Archbishop Parker in his writings of 1571. 
This prelate caused the Bible and the Book of Martyrs to be 
kept in halls and dining-rooms of bishops and other dignitaries. 
There are many testimonies which give weight and worth to 
the book, such as those found in the writings of Whitgift, 
Grindall, Camden, Fuller, Burnet, Strype, Soames, Smythe, 

* At the dissolution of the Abbey of Waltham, temp. Hen. VIII., this 
church possessed " two Gospels in the Saxon tongue." 
f See Ogbourn's Hist. Essex, 191. 


Jenkyns, Waldgrave, and others. This last-mentioned writer 
observes that " The convocation of the English clergy did 
wisely when, in the days of Elizabeth, they enacted that every 
parish church should be furnished with a copy of Foxe's 
' Book of Martyrs.' For chained, perchance,* lest it should 
be lost, but unclasped that all who would might read that 
chronicle kept well in the people's memory the character of 
the apostasy, from which they had been rescued at the Refor- 

The authorship of the memoir of John Foxe prefixed to 
the volume of the "Acts and Monuments," in 1641, is a subject 
of continued dispute. Some have attributed it to the pen of the 
martyrologist's eldest son Samuel, and this is probably cor- 
rect, as he knew most about him. Dr. Maitland and others 
have opposed this idea, chiefly on the ground that Samuel 
Foxe died in 1629-30, and that the memoir was not published 
till 1641. Yet this does not affect the possibility of its being 
written by Samuel, for the author tells us that " he had written 
it thirty years previously," which would bring it down to 
1610-11. And it was written for the writer's own satisfaction, 
without any view to its being published. Moreover, if we 
compare the Latin copy in Lansd. MSS. 388 with the writings 
of Samuel in Lansd. MSS. 819 and 679, we find the hand- 
writing very similar, but in no way agreeing with that of 
Samuel's brother Simeon. The memoir having been written 
for private reading will in some measure account for the 
writer's inattention to dates and other necessary matter. 

In the Harleian collection of manuscripts are many original 
letters written by several members of the Foxe family, which 
are very interesting ; but want of space forbids the in- 
sertion of the major part of them in these pages ; besides, 
many of them have already appeared in print. See " Church 
Historians of England" (Seeley). 

* In the church of Waltham Abbey the marks of the chain are still 
to be seen on the pillar near the South entrance, where the books were 
fastened for people to read. The Book of Martyrs was then called 
" Monumenta Martyrum." 



Dr. Samuel Foxe, the eldest son of the martyrologist, bore 
a very conspicuous part in the parish of Waltham Abbey (or 
Holy Cross), where he resided during the greater portion of his 
life. He was born at Norwich on the last night of the year 
1560; and at the age of twenty-nine he married Anne 
Leveson, of Eastwell, Kent. 

In 1587, the same year that his father died, he was 
admitted into the service of Sir Thomas Heneage, of Copt 
Hall,* after .which he went abroad. Sir Thomas gave the 
Palace of Havering-atte- Bower into his custody, a place 
renowned in history as a royal hunting seat. This palace 
Sir Thomas received by grant from Queen Elizabeth ; and in 
this splendid mansion was born Thomas Foxe, the physician, 
February 14, 1591. Sir Thomas Heneage the same year 
presented Samuel Foxe with the Clerkship of Epping, an old 
market town near Waltham Abbey. Samuel Foxe still had 
the charge of Havering Palace, as we find from a letter 
addressed to him from Sir Thomas Heneage respecting the 
Queen's visit to that royal seat, which took place on June 12, 

" ffoxe, I mervayle much that I haue not hearde any thinge from 
you synce I sente yo u w th my Ire to Mr. Channcellors of the Exchequr, 
from whom, what order y have receyved, or whether any or none, 
towchinge Haueringe howse, as yett I knowe not nowe for that the 
Queene purposeth to be there on the xij day of the next moneth. 
And that order wolde be giuen that the howse, the garden, the 
walkes, and growndes there, should bee in good sorte and well 
trymmed vp. I send this express message to will yo to come 
psentlie vnto mee that I may vnderstand the defecte and give 
order for that busynesse whereof ther wolde be espetiall care taken. 
At the Courte the xxij of Maye, 1594. 

" Yo r louinge 

" M r - T. HENEAGE." 

* The Princess Mary (afterwards Queen) resided for some time at 
Copt Hall. She writes to King Edward VI. from her " poore howse at 
Copped Hall, igth August, 1551." 


In this letter are noted the names of the places where her 
Majesty visited in her journey to Havering, viz., 

" 1594 Tewsdaye y e 28 th of Maye from Greenwich to Lambeth there 

all night. 

Wednesday the 29 from Lambeth to Wimbleton ther Thurs- 
day & Friday. 
Saterday y e i of June from Wimb. to Osterley ther Sonday & 

Tewsdaye the forth from Osterly to Hendon ther Wednesday 

& Thursday. 

Friday the 7 th from Hendon to Barnet. 
Saturday the 8 th from Barnet to Theobalds ther Sonday & 


Tewsday the n'h from Theobalds to Lugsborow. 
Wednesdaye the twelfthe to Havering ther Thurs : Frid : Sat : 

Moonday the 1 7 th from Hauering to Claybery, M rs - Warrens, 

ther Tewsday. 
Wednesday the i9 th from Claybery to Tottenham or Hakney 

ther Thursday. 
Saterday to Greenwich." Lansd. MSS. 819, fol. 24. 

About this time Samuel Foxe settled down in his quiet and 
picturesque homestead at Warlies, Waltham Abbey. 

In this ancient manse was born John Foxe, son of 
Samuel (second of that name), also Robert Foxe, afterwards 
known as a captain in the navy. Jane and Sarah Foxe were 
born there. This youngest daughter died June 23, and was 
buried on the 26th of the same month in " Waltham Church, 
by my pue dore." 

In the Lansd. MSS. 819, fol. 8, is a letter concerning Foxe's 
estates at Tiverton, written by Rychard Duck (or Duke), dated 
December 23, 1592 and addressed "To his lovinge frynd 
Mr. Samvell fox att Copthale or elsewhear." In the will of 
Dr. Samuel Foxe dated at Warlies, June 29, 1622, he 
bequeaths this estate to his beloved wife Anne, and after her 
death to his eldest son Thomas and his heirs. She only 
survived her husband about a year and four months, and was 


buried in Waltham Church. To Robert was given the sum 
of 300, also his father's best horse, armour, and wearing 
apparel. To Thomas, the eldest son, being probably more of 
a literary character than Robert, was given the library of 
books and writings of his father. No doubt, as Samuel was 
the eldest son of John Foxe, he possessed most of his father's 
MSS., which have now found a lodgment in the national 
repository of learned curiosities, the British Museum.* 

Strype writes, " I have been conversant in what remaineth of 
the papers of John Fox, communicated to me by the favour 
of my good friend William Willys of Hackney, Esq., among 
which there is a manuscript life of Cranmer ; t annals writ by 
an Augustine monk of Canterbury, from the year 1532 to 
1538 ; many letters of Fox, and other learned men to him, 
relating to the affairs or afflictions of the Church in those 
times ; and abundance more, too long here to be inserted. 
I have had also the use of numerous MSS. of ecclesiastical 
affairs sometime belonging to the famous martyrologist John 
Fox, and that by the kindness of a gentleman that was 
executor to the said Fox's last descendant deceased." 

By " Foxe's last descendant," Strype meant Sir Thomas Fox 
Willys, Bart, who died a lunatic in 1701, and by the latter's 
" executor," his cousin William Willys, named in the preface 
of the Memorial of Cranmer. The mother of Sir Thomas 
Fox Willys was Alice, daughter and heiress of Thomas Foxe, 
of Waltham Abbey. J 

In 1628 Samuel Foxe writes from his "Cell at Warlies," to 
his brother Simeon Foxe, a physician in London, respecting 
the marriage portion of his son Thomas ; in January of 1629- 
30 he died, at a good age ; and his remains were buried in 
the Abbey Church of Waltham on the i6th of the same 
month. To this church he bequeathed the sum of 5. 
Mr. William Lovel resided at Warlies after the death of 

* Harl. MSS., 416 to 426. 

f See Camden Society Publications. 

J See " Narratives of the Reformers," Camden Society. 

In this letter he mentions his cousin Isaac Foxe of Lincolnshire. 


Samuel Foxe. In the Register there is an entry of the 
death of this gentleman, " 1656. Mr. Lovel, Squire, died at 
Worleys, April 28." After the Foxe family had removed 
from Warlies, the estate was, early in the last century, 
occupied by Richard Morgan, and in 1760 George Carter 
resided there. His wife Julia was a relative of the Willys 
family. This lady erected a handsome monument of marble 
in Waltham Church to the memory of her father and mother ; 
the inscription runs thus : " To the memory of James Spill- 
man, Esq., F.R.S., many years Director of the Bank of 
England, and a Commissioner of Greenwich Hospital, died 
21 November, 1763 ; and of Hester his wife, one of the sisters 
and co-heiresses of Sir William Willys, of Fen Ditton, in the 
county of Cambridge, who departed this life August 3rd, 1761. 
This Monument was erected by their only child Julia, wife of 
George Carter, of Warlies, in this county." Late in the last 
century the estate of Warlies was held by the daughter of 
Mr. George Carter, from whom it passed into the possession 
of William Banbury, who died June 24th, 1850, aged eighty- 
three. Sir Thomas Fowell Buxton, Bart., is the present 
owner of the estate. This beautiful mansion of Warlies 
stands on low ground surrounded by an extensive park (250 
acres), well studded with fine old oak and elm trees. Its 
situation is in the hamlet of Upshire, about two miles E. by N. 
of the town of Waltham Abbey. 

An Account of Samuel Fox, extracted from his Diary.* 

" Anno Dni 1560 in ye third yeare of ye reigne of Q. Elizabeth, the 
last daye of the years being Newe years cue in ye night I was born 
at Norwiche wher I remained Anno 1561, & 62, untill I was three 
years old. From thennce I was brought up to London ; my father 
then dwelling at the Dukes House wher I went to schole first wth 
Mr. Ruddoke then w th one Gisborn & lastly w th Mr. Heron & 
Muncaster.f In my infancy I can remember the insurrection in the 
North, the death of ye Duke of Norfolk, the beginning of ye wars in 

* Lansd. MSS., 679. 

f He was sent to Merchant Taylors' School. See Wilson's history 
of that school. 


ye lowe country ; the batayle fought by sea between the great Turk & 
ye Venetians. 

"Being 14 years of age anno 1574 I was sent to Oxford wher I 
was elected Demi in Magdalen College & so remained 7 years. 
Anno 1576 I went to France. Anno 1581 I was chosen probationer 
in Magdalen College and being repelled by a contrary faction was 
restored by the Queene's 'ters mandatory. Anno 1583 on Ester-daye 
I went out of England into Germany where I studied at Lipsia a 
year.* Anno 1584 I went to Basilca in Helvetia & after a half years 
abroad ther passed over the Alps into Italy wher I remayned a year 
a half & so returning home through Fraunce I came into England 
in ye end of June 1586. At my return from beyond ye seas my 
father gave me the lease of Shipton-under-Wichwood. Anno 1587 
in Ester holydayes my father died, as may more exactly appeare by 
his monument erected by me near his buriing place in a wall of ye 
chancell at St. Giles Creplegate. The same yeare I tooke degree of 
Master of Arts at Oxford. The same yeare I was entertayned into 
Sir Thomas Henneage service being then made vicechamberlain. 
Anno 1588 I was sent over to Hambrough. Anno 1589 I was 
married to Ann Luson at Estwell in Kent, in Sir Moyle Finches 
house being the 15 of August when were only present Sir Moyle 
Finch & his Lady my Lady Hennage, Mr. Ashworth & his wife, & 
Mr. Stubbs ye Minister. Anno 1590 ye last daye of ye moneth & 
year being newe years eaue & the same day 30 years wereon 
myself was borne, was born into this world my leenest daughter Ann 
at Shipton in the parlor chamber in ye personage house, between 
two & thre of the clock in ye morning whos godfather was Sr Moile 
Finch, godmothers, my Lady Henneage & Mrs. Barrett. Hauering 

"Anno 1590 I had my dawnter, I had also geuen me the lease of 
St. Jeames in Corn well, of Kings College in Cambridge f I surrendred 
my place in Magdalen Coll : in Oxford for w ch I had 7 sib & a promise 
of the manor of Caukett hall in Loueland w ch I surrendred to Kemp 

* A fuller account of this journey is given by Foxe in another part of 
the MS. 

f " A note of the particulers of certen parcells of land, parcell of the 
Mannor and Priori of St. James, neare the cittie of Exon, to be procured 
from Mr. Fox, Mr. Vichamberlyn's man, whose intrest is for ] 7 yeres, to 
begyne at Michelmasse next." Lansd. MSS., 819, fol. 72. 


the tenant for 12583. Burges of ye parliam. the keping of Clavering 

"Anno 1591 was geuen me of my master the receauership of the 
highe Peake in Darbyshire w ch I sold Wlm Crowshlowe for golb. 

" I bought beacon house of Richard Copland for 50!). My Lady 
procured me ye clearkship of ye mercat at Epping. I had the lease 
geuen me of Shepley & Burton in Northumberland. 

"Anno 1592 I went twise into Lankashire about the manor of 
Halton & throughe Westmerland & comberland all along the 
middle merches to Barwick & into Scottland." 

Continuation of Samuel Foxe's Travels (Lansd. MSS. 679). 

" Anno 1583 mense April di Primo Pasthatis stilo veteri. I set out 
of Lee in England to pass for Germany wher entring into the river 
Albis or Elu I arrived to Hamburg a cytie of ye Land of Saxony 
from whence I trayvayled through LVNEBVRG, BROUNSWIK, 
almost a year visitinge Juliberg and Torga, ye year following 84. In 
Marche I left Misnia and Saxnia and passing through Thuringia, 
Hassia ye Palatinat of Rhein and Elsatia into Heluetia I saw thes 
places. From Lipsik to Lytsen, Wissenfelt, Merspurg, Namburg, 
Friburg and passing the river Sala we cam to Erford a great and 
ancient cyty sumtim an vniuersiti and so to Gotha w ch was beseaged 
and sakked of the Princes of Germany. Isenach wher Lutherus was 
in exile calinge it his Pathnms, Sumsea, Berga, Hirstat, Anle, Elsfele, 
Rumrode, Groningburg, Fridenberg, Francfort on ye Mayn wher 
resting vntil the mart was out I encountred w th Mr. Parnis, Thornton, 
Osborn and others, merchants of England w th Mr. Anthony Mely 
passing for fraunc w th Gent and Chamberlayn cominge out of Italy 
and the graue of Falestein after to Langa, Arheton, Tornsteat, 
Bersheam, Ladeburg wher passing the river Neccarus we sawe Spire 
and parted vp the river Rheims to Edenlie, Mylburg. Stolhof newly 
reedified Lenctenan, Bisshofser, Strasburg passing ouer the longe 
wodden bridge vieuing the steple and churches w th the diall, from 
thenc to Margelshem and Brisak out the Rhein and Friburg in 
Brisgaw we cam to Basil wher I bourded w th Jacob Grineus, found 
ther John Slead and after Haws englishe men of Canbrige. In 
lytle Basil in the Carthusians Closter in choro sepultus jacet Thomas 
Poltonus cpiscopus Vigornensis objit 1533, tempore consitii Basiliensi 


eui ipse cu. Episcopo Rqffensi intererat. .Not far from Basil is the 
ruings of Augusta Rauracorn and at Turnach was a battle fought 
betwen the swizers and the lions of Austria. Hauing remayned at 
Basil all the soramer I passed to Rheinfeld, Brug vpon Arna 
Kiningsfeld wher the duke Leopoldus of the house of Austria slayne 
of the swize in the battel fought bi Sembach lieth buried. Baden 
vpon Limat wher the warme bathes bee and the whyt doue 
Wettingen an abbey therby. Zurich or Figurn vpon ye lake wonder- 
ful pleasant. Shafhaus wher the Cataracte of the River Rhein fall 
by ye Castle Lawsen Cosnit or Constantia on the Boder sea or Lacu 
Podamico wher a councel was holden and Ihon Hus was burned, 
from Constantia ouer the lakes to Vberlinge Fullendorf and passing 
ouer the nuer Tanan or Danubius we came to Vlma a statly cyty 
wher restinge thre or foure dayes we sawe Fuckerorn hortos, the 
einlass wher they receaue the post at nyght, the conduct of water. 
From thence takinge post for Venice we passed by Latsberg and Etall 
a monastery and so passinge the alps we came to Sea selt wher a 
myracle is to be scan of a gentleman w ch desiring the preist to give 
him maiorem hostiam then to the rest sunke and imprinted his 
fingers in the alter, at last we cam to Isbruk or Anopontem wher 
Ferdinandus deepethe cour we saw also by the way the rode wher 
Maximilianus primus set up a crucifix, from Isbruke ouer the prenner 
wald to Sterteingen, Brixen, Kswasen Botzen, wher I was endangered 
w th my dogg and so by Newmarket to Trent, from Trent to Augsburg 
49 miles. From Trent to Castelfranc, Trensio, Maiswes, Magera, 
Venice. At Venice are My lord Prior, Dr. Parkins, Thomas Cielo 
Th : Lanclot Rowlandson, Nicholas ye scot, Gittry luter, Ther wear 
also my L. Pagat our Mr. Marshal & Gile Gregory master of a ship. 
From Venice I went unto Padua by Lucificina & so vp ye brenta. 

At my cominge to Padua I found Englishmen ther, Mr. Griffin, 
Richard Willoby, Bruss Middilton ; ther came after Mr. J. Wrath, Mr. 
W. Cicell, and J. Cycil, Mr. George Talbot and Maneinge, Herson, 
Cokk, Loke, Martin Vere, Teder and Preist, Dr. Walker at Padua. 
I lodged firste in Borgo di pione, and after by ye Bo, in Ca di ma 
dona Magdalene Tedesea. I came to Padua ye 13 of October, mem. 
ye 19 of the same. At my being ether I went to Venice upon 
Assention day to see the tresure and the spowsinge of the sea. At 
my abode ther ther fell hayl upon magdalen eaue of 14 ounces a 
peace. Ther saw I also the princes of Japan. In the same year 


Pope Gregory 13 died and was suffected. Cardinal Montalto called 
Sixtus V. At the same time died Nicholas di Ponte duke of Venice 
was suffected Pasqualis Cyggonia. In Judge the bandits wear nobled 
& conte Pepoli a great ma of Bologna strangled. The duke of Guise 
rose agaynst the Hugonots. 

Anno 1585 Arundel taken at sea and imprisoned. Westmorland 
died in ye tower w th ye shott of a dog. Shelly condemned of treason, 
Parry, Throgmorton executed. The earl of Bedford dyethe his 
sonne my L. Russel slayen upon y e Scottishe borders. Antwerpe 
beseaged and taken whereupon the castel of Piacenza w ch was before 
in y e kings custodi was forwarded to y e duke of Parma. The Q. of 
England taketh upon her y e protection of Holland & Zealand. 

August 7 stilo vet, died myne Vnkle Thomas Randall & James 

At my being at Padua fell also the nage call ende of the two Orsene 
& of Corambona the wiff of Paulo Gordano. 

Drak scowreth the seas. 

My Lord of Leacester goeth into Holland. 

Pope Xixtus maketh 8 cardinals amonge y e rest -y e bishop of 

Anno 1586 After delivery of a greavous payne w ch I had in myne 
eyes y e 13 of May stilo nouo I leaft Padua from whence I went by 
Rodongo through ye Policene to Terrara mil. 50 ; from thence to 
Bologna 30 at ye thre & twenty of Maye I went by Castelfranc to 
Modena m. 20 from Modena to Rubrica & Reggio 15 m. both 
belonginge to the duke of Terrara. From Reggio to Parma 15 m. 
From Parma ouer y e river Taro to St. Dom, 15 m. to Fiorenzola & 
Piacenza 20. to ye castel of St. Johan a Snadella 18 & so to Vogera 
15 to Tortona 10 to Alexandria 12 thes places belong to y e Spaniard 
& have Spanish garison. From Alexandria we came to Asti 18 m 
and so by Villa nona ad chert to Turin 22 wher resting to see ye duke 
of Sauoia's court & other places of Piermont as Saluzzo Cremanuola 
both vnder y e french kinge & mont viso called mons vesulus I leaft 
afterward Italy hauinge traueled from Padua to Turin 242 mil. After 
leuing my company Sr Carlo Canale, Paulo Emilo Martini & St. 
Francesco Rocca thre gentlemen of Saulzo I hired a Maron to pass 
the alps into France. The 30 day of may from Turin to Rinara & 
Villanara & St. Ambrosio, leges 4 by St. George Tuttzole & Susa a 
citie 5 leges ouer the mount Senis to Anneberg 7 by Samitie, St. Jeni, 
St. Johan, Allasambra 12, to Montmelia where the duke kepeth a 


strong garison to Chamberi 10 1, the cheaf city of Sauoia wher I mett 
w** 1 Mrs' Swogo passing for millan w th her children, at my being at 
Turin was honourably entertayned y e Venetian Ambassador and 
others y e christing of Alfonso y e dukes young sonne, From Chambery 
to tour du pain ouer y e mount Gabelletta 9! : & from thence to Lions 
10 : the some of leges 57 make 171 m. 

Mount Senis deuideth Pimont from Sauoia, mot. de Gabelletta 
Sauoia from Daulfinie. I came to Lions on Corpus Christi day 
w^ was y e 5 of June. Lions liethe vpon two fayre rivers Rhodanus 
& Sona. At my coming into Fraunce ther I found so great a dearth 
y l the people died for want of food in every place w ch caused me to 
hasten y e more from Lions to Terrara & Roana, izl. wher meating 
M r Cecill we bought a bote & went down y e soire by Marsinie, 
Desisa, Neuers 34!, La charitie & Jean George to Orleans 37!, From 
Orleans by wagon to Charte & so to paris 34!. At paris my Lord 
embassador S r p. Stafford relieued me w th crowns whereof I was 
destitute by the excessive dearnes of trauayl in so great a dearth. 
From Paris 17 th of June by St Dennis to Pontois & so to Roan 241 
& then to deape wher wayting for a wind we took shep & ariued at 

The last will and Testament of Samuel Foxe.* 
Anno Domini 1622 Junij. 29. 

In nomine et omine sacro sanct et indiuiduas Trinitatis, Dei patri 
et filij et Spiritus s tl et cetere Amen. 

I Samuell Fox of Warlees in the parish of Waltham holy cross in 
the county of Essex &c being in health and right understanding at 
the writing hereof (thanked be God) do ordaine & appoint this my 
deed & act to be my last will & testament. In primis I commend my 
soule to almighty God, & my body to a decent & Christian-like 
buriall at the discretion of my executors w^out superfluous & un- 
necessary exequies. Item, I will that all my debts w ch I shall dye 
alliable vnto, be satisfied & payd, a shedule vvherof shal be God 
willing heerunto annexed. Item, I will & bequethetobe distributed 
to the poore inhabitants of Shlpton & Askot in Com. Oxon. 5lb. 
Item the like sum of sib. to the poore of Waltham h.c. aforesaycl. 
Item I will and bequeath to my louing wife Ann all my landes free- 
hold & coppy duringe the term of her naturall life provided & after 
* Lands. MSS. 819, fol. 32. 


her death I will and bequeath all thos landes freehold & copiehold 
that are now in my owne tenure & occupation viz. All thos landes 
called or known by the name of Warlees w th y e appertinances to- 
gether w th y e land & appertinances lieing at Pikk hill * belonging 
some time to Woodfords & also thos fields & meadowes called Sud- 
fields & Sharpsfields & Greenes Grove w th all the groundes, wood- 
groundes & groueths housings orchards & gardins now in the tenure 
of me the sayd Samuel & more particularly specyfied in theyr severall 
deeds & coppies, unto Thomas Fox my eldest sonne for his life & 
after to the heyrs of his body lawefully begotten, & for lack of such 
heyrs to my yonger sonne Robert Fox & the heyrs of his body law- 
fully begotten & for want of such issue to my two daughters Ann 
Botteler & Vrsula Wollaston & to theyr heyrs according to the 
custome of ye manor. 

Item I will & bequeth to my yonger sonne Robert Fox my 
house & land at ye parke gate w th all the howsinge barnes stables 
medowes pasture woodes & other appertinances severally specified 
in the coppy of court roll sometime Edward Greenes & nowe in the 
tenure & occupation of Wlm Scfaggs for & during y e life of my sayd 
sonne Robert & after to the heyrs of his body lawfully begotten & 
for want of such heyrs to my sonne Thomas aforsayd & his heyrs & 
for want of such issue to my two daughters Ann B. & Vrsula W. 
aforesayd & to theyr heyrs according to the custome of the manor 
in suche manner of entayles. Furthermore I will & bequeth my 
lease of Shipton vnder Wichewood in the county of Oxon to the 
payment of my debts & the discharginge of suche legacies pentions 
& portions as followe to be discharged by my exequtors out of the 
rent & profitt therof viz. I will & bequeath to my sonne Robert 
out of the rent of Shipton Askot,t Lina or Milton the sum of 2o lb 
per annum to be payd him by io lb every half year at the vsuall feastes 
& times of y e year wherein the rents be payable during the term of 
his life. Further I give & bequeth to the same Robert 300 to be 
paid him in three yeers my debts being first discharged, by a hundred 
pound a year. Item I give & bequeth to my daughter Ann Bot- 

* The farm is still tenanted. It joins Warlies Park. 

t In fol. 20 of the same MS. occurs the following entry : "The ij 
daye of October, Anno Domini 1593, Received of Mr. Samuell foxe my 
mayster the some of V, for my halfe yeares wages due to me at Mycaell- 
mas last. Be me, Jhon Deabant, curat of Ascot. 



teler 2o lb - Item I give and bequeth to my daughter Vrsula Wollaston 
2o lb . Item I give & bequeth to my godson & grandchild Edward 
Wollaston sonne to Henry & Vrsula Wollaston 2O lb . Item I give 
and bequeth to my loving brother Dr. Fox 20 lb thes last severall 
summes to be leuied and payd out of the next sayle at felling Stokly 
Coppice in ye forest of Wichwood belonging to the lease of Shipton 
aforesayd. All w ch summs being payed my will is y l my exequtors 
or the suruiuers of them or after theyr departure the next in order of 
my heyrs as is set downe before in my succession for my land shall 
have, hold, occupy & enjoye all the remaynder & time vnexpired in 
the sayd lease Prouided always that the sayd lease be not alienated 
or sold w th out consent of all parties that have any interest or claime 
therin by or for any pention or portion assigned or bequethed 
them in & by this my will & testament vntill the sayd pentions & 
portions all of them or euery of them be fully & sufficiently con- 
tented & payed as is before specified & sett downe. Item I will & 
bequeth to my sonn Thomas my library of bookes & writinges & to 
my sonne Robert my best horse armour & apparell. All my other 
goods, cattle furniture stok & householdstuff I bequeath to my sayd 
wife prouided that she leave my house at Warlees to my heyre fur- 
nished as it shall please God. I leave it at y e time of my departure. 
Finally I do appoint & ordayne my loved wife Ann & my eldest son 
Thomas Fox my exequtors & my brother Simeon Fox, Dr. & Pro- 
fessor of Physik overseer of this my will and testament. Strayghtly 
charginge as well my exequtors as all other that are to have benefitt 
by this my will especially my children that they presume not to 
enterprize any suit of lawe troble or molestation one of y e other, 
but to abide the aduice councel & determination of my sayd overseers 
theyr unkle in all and any matter concerning any legacy conteyned 
herein. And I give alowance to him my sayd overseer of this my 
will for & to the good of my wife & children in his discretion or 
vpon aduice of councel learned in the lawes to alter, add, amend, any 
matter of circumstance & form as also to expound & decide any 
doubt therein that may bread controuersy, the trewe meaning and 
purport heerof & the good & profitt of my wife & children allewaye 
respected Av-oyp<i<pov, Sam : Fox : Anno ^Etatis 62 Imminent 
minantq climaterico Monenario septeno. Quin uno Liberationem 
tuam expecto Dno. simul atq. Jacob, Gen : 49. 18." 


Extracts from the Proceedings of the Lord's Court, Baron 
of the Parish of Waltham Holy Cross, A.D. 1605-6, temp. 
James I. : 

" May 28. 2 Jac : Samuell ffox gent adm : to a meadow called 
Seaffeild meadow (intr apud Male 1630) & to a 
close call : Suffeild. 

" May 1 6. 6 Jac : He was adm : to a meadow called Holies mea- 
dow w th ij hedgrowes, Cont : 1 2 a. & to Pery- 
feild the les cont. 4 a. 7 6 pol : & to a peece 
lyinge in 6 pcells cont. 20 a. 2 r. 33 poles call : 
Peryfeild the great, woodes, & Jolles. i. ix s . i d . 

" May 20. 3 Jac : He was adm. to a grove 4 a. 

"(May 20. 1 4 Jac : W m Greene adm: to c ten lands Call: the 

" Junij 20. 3 Jac : A Rec : agt Samuell fox of a mess., ij gards 
ij orch : 60 a. of land 20 a. of mead : 20 a. of 
past : & 5 a. of wood in Vpshire & Seff. vouch : 
W m Symonds sen, & he vouch : W m Symonds 
Jun. who vouch, the common vouchee. 

"A note of Doctor ffox Cop: such as he sent me by Mr. 

A Letter from Samuel Foxe to his brother Simeon dated from 
his " Cell at Warlies," Waltham Abbey, March 12, 1628.* 

" Good brother see how fair y r loue & my desire of furdering my 
sonns proceadings in so laudable a course, hath transported me 
beyond my owne resolution & all true rule eyther sconomicall or 
politick, to capitulate w th my child or to make strangers vmpires & 
acquainted w th my particulars & designs. Yet bycaus you hold it 
expedient & I thinke it also reasonable in regard of so fitt a match 
& so valuable a portion (as I hear is offered) that ther should be a 
manifestation also on our part what we will doe in counterlieu therof. 
Take this from me w ch I ever intended as God of his blessing gaue 
him me & made him the first borne of my streankth so am I still 
minded to settle my poor estate in & upon him. viz My meaning is 
after myne & his mother's decease, he & his (if god send issue) shall 

* Harl. MSS. 416, fol. 222. 


succead in all & also after my decess be ioynt-partner w th his mother. 
Excepting a smale copy hold (not worth the speaking of) at y e parke 
gate & 300^ in money & 2o annuity out of Shipton prebend w h 
I intend to his brother Robert for his better maintenance & can be 
no great empeachment to him considering ther will be w th in two or 
three yeares as much wood fellable what in Stokly Coppises what on 
my ground heer in Essex (w th out doing any wast) as shall (I hope) 
defraye that slender exiquity. And for the cheafest matter on y e 
gentlewomans behalf (whom for the woorth I heer of her I much 
esteem). I shall be contented to make her a ioynter eyther out of 
land or lease (as shall be found most benficiall for her behoofe by 
her frendes) betwixt a hundred markes or 100 poundes ratably to 
proportion of y' portion she shall bring w th her. And for y e portion 
itself I have given my sonne free choice of his wife, so shall I be 
well contented without any defalcation that what she bringeth shal 
redound wholy to theyr owne proper vse & employment. Also I 
shall be contented my sonne continewe the same maintenance he 
hath out of Shipton lease as formerly. And as I have given way 
already to him in ye choice of some tenants ther & haue giuen him 
a tast of my well meaning toward him in that parcell of land w ch 
descended to vs from his ancestors in Lincolnshire * by death of my 
cosinn Isaac Fox so mean I likewise vpon all occasions & in matters 
of the like nature to be no less forward in furdering his honest in- 
deuors & not only be a good father but a steward for him, As for the 
making of his place in the college & the gratuity he shall receaue at 
ye giuing ouer his felowship I put it not into account as being his 
owne peculiar as also his faculty out of his education more worth 
then all I shall leaue him. Neyther will I putt into y e ballance (w ch 
well I might) the disburdening him of his sisters portions w ch should 
haue layne vpon him aboue a thousand pounds thick, who (I thanke 
god) ar so bestowed yt they shall be rather an ease & a credit then 
any incombrance to him. Nor yet ye payment in of thos debtes w ch 
I was then forced to come into for thos & ye like respects, I thanke 
god I have cleered all & doe owe at this daye no man anythinge 
saucing my loue & dare be bold (to his praise only be it spoken 
w th out vaunt who hath inabled me) that ther is not a youngman (his 

* In Lands. MSS. 819, fol. 72, is a brief account of "The demayne 
lands belonginge unto the Manor and Lordshipp of Swyneshed, in the 
countie of Lincolne." 


equal) in this country y* shall come to his heritage (homely though 
it be) more fayrly & freer then he shall doe. As for y e particulars & 
valuation of my liuing I neither list nether (I thinke) do you look for 
y 1 , I should sett downe it weer but a blazon. I had rather (when 
the busines is ripe) they whom it concerneth should be theyr owne 
surueyors or at lest take notice of it by others report then mine 
owne. For I doubt not but themselves (being reasonable men) 
will find it competent enough & others will make it more then I 
would have them. Such a world it is now that a man maye do one 
more wronge in extolling then extenuating his hauiour. It weer 
good liuing heer if our liuings & meanss lay farder of. In regard 
whereof & some other respects I am to intreat you so to dispose of 
this brief as it maye be to purpose & for ye vse only for w ch it was 
intended. If the preceding goe forward w th M r Farnabe & his 
daughter I shall hold it and keep it w th them as my act and deed : 
to other purposes I hold my self disingaged. Neyther am I yet 
any way ielous of my sonne awful respect & affection toward his 
parents but as I have no cause to mistrust, so would I be loth to 
give any to tempt him. Too great a charge makes the peece re- 
coy 11 & benefitts ar so long gratfull & in request as something is 
still in expectancy. But I leaue all to y r use & discreet managing 
& my sonns hopeful & happy proceeding. But especially to god's 
best guiding w ch is principall, the rest is all accessory. To his 
keaping s r I recomend you & my best love to y r self. Fare you 


" Your assured louing brother 

" SAMUEL Fox. 

" From my Cell at Warlees this 12 of March 1628. 

" I pray you good brother send me something to purge this 
reumm & melancholy, but I must remember you y l Alces agreeth 
not w th me. If this ter come to you later then you look for & 
the date it beereth I am loth to commit it to any handes but such 
as may deliuer it to y r owne. Fare well S. F." 

This letter is addressed "To his very louing brother Mr. 
Doctor ffox at his house in Carter Layne, D.D., theire, 

In this Collection of Manuscripts is an original letter of 


Samuel Foxe respecting the marriage of the clergy against the 
Council of Trent. 

Additional Extracts from Samuel Foxe's Commonplace 
Book. Landsdown MSS. 679. 

This small volume of 153 folios contains many curious and 
interesting notes besides those concerning the family. On 
the first folio are written these words, " This was Samuel Fox's 
Book, eldest son to John Fox ye Martyrologist. And after 
Dr. Thomas Fox his son." Samuel Foxe commences fol. 39 with 
the entry of his marriage, and continues to enter the births, 
marriages and deaths of his family to the year 1626. His son 
Thomas begins at fol. 38, A.D. 1636, and finishes a year before 
his death : 

"Anno Dni 1589. I maried Ann Leueson at Estwell in Kent, 15 
August 1589. ^Etatis mece 29. 

"Anno 1590 vpon Neweyeres daye in the morning between 2 and 
3 of the clock in the morning the same daye 30 years that I was 
borne on, being also fridaye, was borne An. Fox at Shipton vnder 
Wichwood in Oxfordshire. Christened by Sr Moile Finche, My 
Lady Henneage & mrs Barrett. 

"Anno 1591 vpon Shroue Sunday (Feb 14.) about 2 of the clokk 
in the morning was borne Thomas Fox at Hawering in the boure in 
the kinges house ; his godfathers Sr Thomas Henneage & Sr John 
Leueson ; his godmother my Lady Finche. 

" X 593- 9 th of July being at 3 of the clokk in th' afternoone was 
born John Fox his godfathers S r Wlm Twesendenf M r Willm 
Rowe f & my Aunt Mary Randal he died the 7 daye of September 
& lieth buried in Epping church. 

* Sir William Twysden, of East Peckham, married Anne, daughter 
of Sir Moyle Finch. They had two sons, very learned men ; the elder 
was editor of the " Decent Scriptores" and the other was the celebrated 
Judge Twysden. 

t Probably Sir William Rowe, Lord Mayor of London, 34 Elizabeth. 
He had estates at Epping. There was a William Rowe, of whom 
O Rare Ben Jonson sang. See Epigrams, cxxviii., " To William Roe." 
According to the poem Rowe was a traveller. The first four lines run 
thus : 


"Anno 1595 y e 21 of July being Moondaye at 3 of y e clock in 
the Afternoone was borne Vrsula Fox at Hauering, christened by 
mr Wlm Loueles ; my sister Diongee Springe and my sister Vrsula 

"Anno 1596 y e 21 of October being Thursdaye at nine of the 
clokk in the morn was borne John Fox the second of that name 
christened by Sr Robert Lee* & Sr Francis Cherry & my sister 
Mary Leueson he was borne at Copt hall & died the 6 daye of 
January at Hauering & lieth buried at Rumford. 

" Anno 1597 the 5 of December at 9 of y e clock in the morning 
beinge Moonday was borne Robert Fox, christened by Owen Wood 
deane of Armach t & Robert Hall \ & Mrs Wighan Buggs. 

" 1599 the 23 of January being Tewsdaye about eleven of y e clock 
at night was borne Jane Fox at Copt hall, christened by Dr Dodd, 
byshop of Meth & mrs Jane Mondes & John Serll. She died & was 
buried in Epping church the 4 th of February. 

" Roe, and my joy to name, thou'rt now to go 
Countries and climes, manners and men to know, 
T' extract and choose the best of all these known, 
And those to turn to blood, and make thine own." 

* Probably Robert Lee, Sheriff of London, 1594. 

f Owen Wood was of Jesus College, Oxford, Master of Arts in 1584,, 
and afterwards Dean of Armagh, in Ireland, March 17, 1596. He was 
the second son of Hugh Wood, of Tallylyn, in the Isle of Anglesey 
second son of William Wood, descended from Wood Hall, in Lancashire 
by his wife Jane, the daughter of Hugh Prys ap Howell> of Mossoglen ; 
descended paternally from Lloworch ab Bran, one of the fifteen tribes. 
Dean Wood's wife was Joywan, daughter of Richard Cledden, Chaplain 
to Queen Elizabeth, and Justice of the Peace for the county of Middlesex. 
Anthony A. Wood says that Owen Wood was made Dean of Armagh by 
the favour of Robert, Earl of Essex, in whose treasons he was engaged 
in 1600. See " Fasti Oxoniensis," vol. ii., 226. 

J Robert Hall, probably son of Robert Hall, Justice of the Peace in 
Waltham in the reign of Elizabeth, and grandson of Robert Hall of Ely, 
who was buried in Waltham June n, 1579. The Justice of the Peace 
was buried Sept. 13, 1583. This family of Halls resided at Claverham- 
bury, in the parish of Waltham. Robert Hall, the friend of Dr. Fox, 
died here, and was buried September 8, 1615, " Buried Mr. Robt. Hall 
de Claverbury." 

Roger Dod, D.D., Dean of Salop, and afterwards Bishop of Meath, 


" 1600 the 8 daye of August beinge fridaye about Midnight was 
borne Sara Fox at Copt hall, christened by my brother Simeon Fox 
my sister Grisild Leueson & my Coseun Sara Barnes. She died the 
23 of June Anno 1608 & lyethe beried in Waltham Church by my 
pue dore. 

"Anno 1617. My daughter Vrsula maried to Henry Wollaston 
y e 29 of April. They borded w th me 3 yeares & in Maye 1620 they 
went to keepe house at Fishers. 

" Anno 1620 the 5 th daye of October my daughter Ann was maried 
to Christopher Botteler Esquire,* at Aston Berry in Hartford- 

"Anno Dni. 1621, the 15 of June being friday between 6 & 7 of 
y clock afternoon was borne Edward Wollaston christened y e 27 of 
the same moneth My Lord Denny f & my self being godfathers & 
Mrs Burnhill god mother. At Waltham church M r Geoffres preached 
& christened him. 

" Thomas Fox was this yeare Procurator at Oxford. 

"Anno 1622 Th. Fox was chosen Bursar of Magdalen College in 

" Anno 1623 the i8 th day of February about 5 ol ye clock in the 
euening being tewesday was borne Ann Wollaston, christened y e 2 7 
of the same moneth. Sr Wlm Terre godfather & my wife Ann Fox 
& Grisild Louesonf godmothers. Note that in this copulation of 
yeares, we begin the year at the Calendss or first daye & not 
according to the church of Englands account, beginning at our Lady 
day the 25 of March. 

" Anno 1624- y e 23 daye of March being Tewsday between 3 & 4 
of the clock afternoon was borne Catharine Bottler at Fishers & 
christened at Waltham y e 8 daye of Aprill following. Godmothers 
the Lady Catherinn Gerrard dowager her grandmother by father's 

* Christopher Boteler was the fourth son of Sir Philip Boteler, Knt., of 
Watton-at-Stone, Herts. 

f Edward Denny, second son of Henry Denny. This Edward was 
born August 14, 1569, knighted in 1589, Sheriff of Herts 1602-3, sum- 
moned to Parliament October 27, 1604, as Baron Denny of Waltham, 
and advanced, by patent 24th of October, 1626, to the dignity of Earl 
of Norwich. Died 2oth December, 1630. 

J " Grisild Leueson " was buried at Waltham. The Parish Register 
records that " Misteris Grisill levison, a mayd of 80 yeares of age, buried 
Dec. 22, 1648." 


side & the Lady Francis Botteler late wife of Sr Robert Bottler god- 
fathers Mr John Botteler & my self her grandfather. 

" This year Th : Fox was agayne Bursar. 

"Anno 1625 the fifteenth daye of March being also Tewsday & 
within compass of y e year of y e birth of the other childe Catherin : 
my doughter Ann Botteler was deliuered of a sonne at Fishers in 
Holyfield about eleuen of y e clock before noone. He was christened 
John. His godfather, John Botteler of Wrathall his uncle by fathers 
side & Dr Fox his great vncle by ye mother. His godmother & 
grandmother Ann Fox ; he was christened in the hous the last day 

" This year died King James 1 7 Martij. 

Anno Dni. 1626 the fifteenth day of February being Wednesday 
about fiue of y e clock at euen, and not much before the chang or 
prime of the moone my daughter Ursula woollaston was deliuered of 
a boy christened at Waltham church ye 23 rd of Feb. by ye name of 
Henry Goships. Dr Fox, Mr Samuell Middlemore and M sts Ann 
Boteler, Substitues for y Godfathers Mr Thomas Burnhill and Tho. 

"Anno 1626 the 22 th day of August beeing tuesday about eleuen 
of the clock before noone was borne Ann Boteler at Stapleford in 
Hertfordsheire and christened on thursday y e last day of ye same 
month, hir godfathers Mr Nicholas Boteler of Netherhall, God- 
mothers my Lady Ann Boteler wife to Sr Jo : Boteler of Woodhall 
and Vrsula Wollaston. 

"Anno 1627 ye 3 d day of november beeing satterday (in cro. 
aiarum.) about 2 of the clock in the morning my daughter Ann 
Boteler was brought to bed at Stapleford of a sonn, christened 
Phillip : Godfathers Phillip Boteler vnkle by ye father's syde, Tho. 
Fox vnkell by ye mother's syde, and M rs Boteler wife to M r Nicholas 
Boteler of netherhall god mother. 

"Anno 1672, The 27 th day of September being tuesday about fiue of 
the clock in the evening died My Cosen John Botteler att his owne 
house att Stapleford in Hertfordshire and he's buried at Watton." 

The remaining portion of this diary appears to have been 
written by Dr. Thomas Foxe : 

" Laus Deo. 

"Anno 1636, 22 febuarii being Ash Wednesday betwixt eleven and 
twelve of y e clocke att night, was borne Alice ffoxe att Pett by 


charing in Kent christened vppon ye 5 of march by Mr. Henry 
Honiwood * hir vncle, ye Lady Honiwood hir Grandmother and 
Mrs Judith Shurly hir Aunt. Hanc In Deus meus protege sub a/am, 
mam. vmbra. 

"Anno 1642, April 19, about 2 of y e clocke atte night my uncle 
Doc. Simeon ffoxe died in Amen Corner by pater noster Rowe, and 
lies buried in St Pauls church London att y e North dore by Doc. 
Linacer his Tomb; his funerall was uppon Snt Marks day being y e 25 
of y e moneth. 

"Anno 1646, may 29, my brother captain Robert ffoxe died at my 
sister Wollaston's house in Waltham Abby about 12 att noone, and 
lies buried in y e chancell nare ye Earle of Carlisles seate ; hee was 
buried uppon ye 31 of may 1646. 

" Anno Dni. 1648 maii 26 my deare wife Ann Honywood f died 
att my cosens Vrsurla Warner hir house in Bromly, whose body was 
(in ye time of ye rising in Kent) was carried to charing, and ther lies 
buried, in memoria eterna egunt justi. 


"Anno Dni. 1659 feb. 21 my daughter Alice Willis was deliuered 
of a daughter about 1 1 of ye clock att noone vppon ye 23 of ye same 
moneth, ye child was christened, and called Ann ffoxe. Hir God- 
father was my selfe, ye Lady Willis of Ditton in Cambridgeshire and 
sister Wolleston. 

"Laus Deo. 

" Anno Dni, 1661 June 30 my daughter willis was delivered of a 
boy about 12 of ye clocke att night, vppon ye 4 day of July the 
child was christened and called Thomas ffoxe Willis, the Godfathers 
was my selfe colonell Willm Willis, ye Godmother the Lady Henry 
Chishesly. He was bereft of his wits. 

"Anno 1663 this was writ by Sr. Rich Willis." J 

* The son of Robert and Elizabeth Honywood. He "was borne 
uppon Saturday the xiiij of July, 1593, at one of ye clock in ye morning, 
at Pet, and christened at Charing Church ye Sonday following; my 
sonnes-in-law Henry Thomson and John Moyle godfathers, and Mrs. 
Anthony Deering, of Charing towne, godmother." 

t "Anna Honiwood was borne at Pett, in Charinge, uppon Tewesday 
the 26 of November, 1588, and ther baptized, my brother Richard 
Browne, Mrs. Dorrell, of Calehill, and my dowghter Thomson being 
witnesses." Nichols' Top. et Gen., vol. ii., p. 171. 

it The name and date has been scratched out, and Dr. Tho. Foxe 
inserted as the writer. 


Extracts from the Parish Registers of Waltham Holy 
Cross : 

"1565 Rafe and Mary foxe the sonne & dowter of John foxe. 
Jan. 29. Bapt. 

1569 lawrence foex buryed July 5 th . 

1588 Thomas ffoxe the sonne of Andrewe ffoxe Citezen was bapt. 
Sept. 15. 

1608 Sara fox daughter to Mr. Samwell fox buried ye 26 June. 

1617 Henry Woollerstone gent maried to M ss Ursula fox A prill 29. 

1626 John Masson & Ann fox. married Sept. 3. 

1629-30 M r Samell foxe was buried. January 16. 

1630 Misteris Ann foxe the wife of the late decesed M r Samuell 
foxe was buried the 18 day of May 1630. 

1646 Captain Robert fox was Buried the 30 day May. 

1659-60 Anne Fox daughter to Sir Richard and Lady Alice Willis. 
Feb. 21. 

1660 William son of Mr. William and M rs Grace Fox of St. Ann 
Aldersgate London buried March 19. 

1662 D r Thomas Fox buried in the Church ye 26 Nov. 

1684 Wm son of Rennall ffox. Bapt. Oct. 12. 

1688 Jane wife of Gregory ffox. buried Oct. 2. 

1701 Elizabeth daughter of Christopher Davenport Gent. & dame 
Ann ffox his wife buried July 17. 

1703 Elizabeth nursed at foxes, buried July 2. 

1704 Thomas Elcome & Hannah ffox, married May 28. 
1706 A nursechild from foxes buried Dec. 20. 

1706-7 John Oxford from foxs buried Feb. i. 
1714 Elizabeth daughter of Daniel & Elizabeth Fox Bapt. Nov. 29. 
1721 James Travers sonn of Daniel & Elizabeth Fox of London 
buried Sept. 24. 

1734 Samuel Fox buried. April 22. 

1749-50 Samuel Thompson wid. & Mary Fox. married Feb. 4." 

Extracts from the Churchwardens' Accounts of the Parish 
of Waltham Holy Cross : 

" 1630 Rec d for M r foxes grave in the church vi s . viii : 

Item paid to Thomas Burd for Kivering Mr. ffoxes grave I s . 
A note of money Recaived upon a free gift in the hamblits 


of Upshire and Hallifilld the aforesaid yeare in the time of the scar- 
citie and dearth of Corne. Dockter ffox xx s . Mr. Bessanoe * xx s ." 

There are also 35 names appended as donors of one shilling 

Extracts from the Parish Registers of Nazing (near 
Waltham Abbey) : 

" 1571 Nicholas Knight & Agnes Fox married ye xrn of Sept. 
1572 William fFoxe nursechild, buried Nov. 7." 
From Cheshunt Parish Register (near Waltham Abbey) : 
" 1566 The wife of fox, Buried Nov. 16." 

From a headstone in Waltham Abbey Churchyard : 

" Sacred to the Memory of Mr. Isaac Fox, late of the parish of 
Enfield, who departed this life July 25, 1821. Aged 51 years. 

" Adieu my wife and children all 
I yield to the Almighty's call ; 
My children dear, pray love each other, 
And cherish your afflicted mother ; 
Support her in declining years, 
Oh ! sooth and catch the falling tears, 
And may the grace of God be given 
To sanctify your souls in heaven. 

" Also Ann Fox, wife of the above, who departed this life, Oct. i, 
1844, aged 74 years." 

* The Bassano family were noted for their musical skill. 



Simeon Foxe, the youngest son of the martyrologist, was 
born in the house of the Duke of Norfolk in the year 1568. 
At the age of fourteen he was elected to a scholarship at 
King's College, Cambridge, August 24th, 1583, and on the 
same day of the month, 1586, he was admitted fellow of this 
college. In the next year he took the degree of B.A., and 
M.A. in 1591. Bishop Piers promised Simeon a prebend, but 
the young medical student probably saw that he was not 
called to the work of the ministry, and therefore would not 
pursue that course. He resided for some time with Arch- 
bishop Whitgift after leaving college, but shortly went abroad 
with a view to study medicine. Dr. Munk has given the 
following account of Simeon Foxe " When applying himself 
to the study of medicine he travelled into Italy, and pro- 
ceeded Doctor of Medicine at Padua. Returning home he 
entered upon military service, and was with Sir John Norris 
and the Earl of Southampton in Ireland and the Netherlands. 
In the Netherlands he is said to have been taken prisoner, and 
to have been detained for a time at Dunkirk. He reached 
London in 1603, and shortly afterwards commenced the practice 
of his profession. Dr. Foxe was admitted a candidate of the 
College of Physicians, 3<Dth September, 1605, and a Fellow, 
25th June, 1608. He was Censor in 1614, 1620, 1621, 1623, 
1624, 1625, 1631, 1632; Registrar, 2Oth November, 1627, on 
the death of Dr. Gwinne ; Treasurer, 3rd December, 1629, on 
Harvey's resignation of that office ; Anatomy Reader, 1630 ; 
Elect, 22nd December, 1630, in place of Dr. Moundford, 
deceased; President, 1634, 1635, 1636, 1637, l6 38, 1639, 
1640; Consiliarius, 1641. He closed an active and useful 
life on the 2Oth April, 1642, and was buried in St. Paul's 
on the 24th of the same month, close to the grave of 
Dr. Linacre. By will he bequeathed to the college 40, to 
which his nephew added another 60, making together ;ioo. 
On the 22nd December, 1656, the college, on the proposition 
of Dr. Hamey, unanimously voted the erection of a marble 


bust to his memory in the Harveian Museum, on the pedestal 
supporting which there was engraved, ' Simeoni Fox suo scepius 
Prcesidi et Benefactori, hunc locum dedit Collegium' " * 

Dr. Foxe resided for some years at Amen Corner, Pater- 
noster Row, London, and in a professional way he attended 
Dr. Donne, Dean of St. Paul's, who died in 1631. He also 
contributed a large sum of money towards the erection of a 
monument to the memory of the great " metaphysical poet." 
There are several original letters of Dr. Simeon Foxe in the 
British Museum, see Harl. MSS., 416, fol. 211 ; 417, fol. 125. 
Some have assigned the authorship of the Memoir of John 
Foxe to Simeon, but this is questionable. 

Simeon Foxe's monument in St. Paul's was erected by his 
nephew, Dr. Thomas Foxe, physician, who also composed the 
following epitaph : 


Simeonis Fox 

Qui Johannis Fox ex Anna Randal, 
Uxore, jam quinquagenaria, films natu minor 
Quum Etonse gymnacio pueritiae rudimenta 

In hujus collegii socius merito ascitus est. 

Johannis Cantuariensis archiep. 

Familiam honestate ornavit. 
Peregre studiorum causa profectus, 

Paduse claruit : 

In Medicinse Doctoris titulo insignitus 
Syndicique officio ibidem functus, 

Symmistarum sodalitio quinquennio 

Arte, fide, probitate eximius. 

Quo clariorem 

Vix habuit Asclepiadum schola. 
Animam Deo reddidit, ccelebs in terris, 
Sternum maritandus in oelis, 

* Roll of the Royal College of Physicians, vol. ii., p. 138. 


JEtatis suae an 80. sal. humanse MDCXLII. 
Hoc votum solvit tibi mcerens Thomas Fox 

Ex fratre nepos 

Amore et officio." 


Dr. Thomas Foxe, the eldest son of Dr. Samuel Foxe, was 
born at Havering Palace, Feb. 14, 1591. In due course he 
was sent to Magdalen College, Oxford, where he was procura- 
tor in 1621. The following year he was chosen bursar, and 
on June 25, 1623, was admitted a candidate of the college 
of Physicians.* He was again chosen bursar the next year. 
About this time he married Anne Honeywood, the daughter 
of Robert and Elizabeth Honeywood of Charing, in Kent, and 
Markshall, Essex. She was granddaughter of Mrs. Mary 
(Waters) Honeywood, whose name is handed down by the 
biographer of the martyrologist -under the following circum- 
stances. Mrs. Honeywood on one occasion was brought 
into deep spiritual trouble; she imagined that she was pre- 
destinated to eternal misery. In this low state of mind 
she was visited by many Christian ministers of celebrity, 
who endeavoured to console her. Among these was John 
Foxe the martyrologist, whose counsels and reasonings 
appeared, like the rest, to be futile, for her fears of end- 
less misery grew stronger and her faith weaker, till at last, 
having a drinking-glass in her hand, she threw it with great 
violence to the ground, exclaiming in an agony of despair, " I 
am as surely damned as this glass is broken ; " but the glass, 
to the surprise of those present, rebounded from the floor and 
was taken up entire. This glass is still preserved by the 
family. But even this apparently miraculous occurrence made 
no favourable alteration, for she continued in the same mourn- 
ful condition, " till at last God suddenly shot comfort like light- 
ning into her soul, which, once entered, ever remained therein ; 
so that she led the remainder of her life in spiritual gladness." 
* Harl. MSS. 416. 


This circumstance she related to Dr. Thomas Morton, Bishop 
of Durham, from whose mouth Dr. Thomas Fuller received 
the account.* In the dining-room of Markshall there hung 
for many years the portrait of Mrs. Honeywood, in the habit 
of her widowhood with a book in her hand, and on her hat 
inscribed "^ET ATI S SU7E 70;" and on the opposite side 
"ANO. DNI. 1597." A note respecting the mother of Ann 
the wife of Dr. Foxe is worth a place here, as it relates specially 
to Waltham Abbey. In the " Honeywood Evidences " t it is 

" That my brother Anthony having p er chased of Mr. Randoll a 
copyhowld tennancy at Waltham in Essex howlden of S J Edward 
Denny Knight, by fyne uncerteyn, did compownd w th S r Edward 
Denny for my sister's lief and his owne for y e fyne of forty marks, 
whereof he paied in hand lol. and gave his bond for i61. 135. 4d. 
more ; and uppon tewesday in Whitsonweeke 1599 [29 May], comynge 
to me to myne howse in Hoxton, he made me acquaynted w th y e same 
and did then offer me, that if I would paye y e same i61. 133. 4d. unto 
S Edw. Denny, then he would by his wyll geve y e same howse and 
lands unto my sonne Henry Honiwood, after decease of my sister his 
wife, and for want of Henry, to Michaell, or any yonger sonne of 
myne, and to his heirss, affirminge faithfully, that he would pforme 
yt, if I would take his worde for yt, and trust him in yt ; wch mony 
I payd accordingly unto Sr Edwarde Denny, and took back my 
brother's bond, ultimo Maii 1599. P d by Henrye Kynge. 

" Mem. My brother synce hath sowld away this coppyhowld tenemt, 
and I am otherwise uppon new agrem 1 satisfyed, as in ye laste leafe of 
this booke appear th ." [Fol. 26b.] 

While Dr. Thomas Fox was at college he appears to have 
been acquainted with Ben Jonson the poet, Dr. Prideaux, and 

* Fuller's " Worthies of Kent," p. 86. 

f Nichol's Top. et Gen., vol. ii., p. 174. 

J Probably a relative of the Martyrologist on his wife's side. 

Sir Edward Denny, son of Sir Anthony Denny, was buried in 
Waltham Church. The following entry occurs in the parish register, 
1599 1600. "Sir Edwarde Dennye, Knight, the Elder, was buried the 
xiiii daye of feburarii, Anno ut supra." His effigy, in the costume of the 
period, lies under a canopy at the south-east end of the church. 


other celebrities. He informs us of the great success of many 
of his companions during the year 1619. 

" We have had a great Act this year, eighteen doctors, and sixscore 
masters of Arts. Dr. Prideaux is Vicechancelour and poet Jonson 
was of late created Master of Arts being recomended unto y e vni- 
versity by y e Lord Chamberlaine, our chancelour," &c. 

The writer of Jonson's memoir in the Biographia Britannica 
remarks that 

" In the year 1616 Jonson published his works in one folio volume ; 
and the poet Laureat's salary of a hundred marks per annum was 
settled upon him for life by King James I. Crowned with these 
honours by his prince, he saw the most distinguished wits of his 
time crowding his train and courting his acquaintance, and in that 
spirit he was invited to Christ Church in Oxford by Dr. Corbet, then 
senior student of that college. Our poet gladly accepted the invita- 
tion, and having passed some time in cultivating his muse in that 
delightful seat, he received an additional attestation of his merit from 
the university, who presented him with the honorary degree of 
Master of Arts at the Act in 1619." 

This occurred on July 19, according to Wood, who remarks 

" Benjamin Johnson, the father of the English poets and poetry, 
and the most learned and judicious of the comedians, was then 
actually created master of arts in a full house of convocation." 

One of the most interesting original letters of Dr. Thomas 
Foxe in the Harleian collection is the following, addressed to 
his father, Dr. Samuel Foxe : 

" Sir my humble duty remembred unto yourselfe and my mother. 
I have thus long neglected to write unto you expecting this bearers 
coming up to London, my boy William who shall waite uppon the 
Doctor, my request unto you is that when you come to London you 
would give him good counsell, and be a meanss unto y e Doctor to use 
him well. 



" Weehavehad a great Act this yeare, eighteen doctors, and sixescore 
masters of arts. Dr. Prideaux is vicechancelour, and poet Johnson 
was of late created Master of Arts being recomended unto y e vni- 
versity by ye Lord Chamberlaine, our chancelour. Wee have past 
our election and have chosen sixe newe probationers for my old 
frinds place Mr. Pener (whose place was void by nis death) ther vver 
fiue seuerall kings letters mandatorie to Mr. Briggenden being found 
to have bin married aboue this yeare space, was constrained honeste 
decedece before y e Act and had noe gratuity giue him at y e election. 
Mr. Hunson that hath bin long madd hath nowe surrendered his place, 
but can obtain noe gratuity. Mr. Tobie Gatbramt hauing obtained 
my father carpenters living hath made his place ouer unto his brother 
a demy. Mr. Giles would have left his place to a stranger but being 
crost in his suit at last brought in a demy, Mr. Elmes a young man 
being not able to procure a phisitions place through the peruersnesse 
of Dor. Wilkinson resigned his fellowshipp unto on of Mr. Drops 
sonnes. Mr. German would have giuen ouer unto a stranger but 
being crost hee brought the Bishop of Bristowe and ye L. Danuers to 
sue for him but they could not preuaile, and therfore hee remains as 
yet fellowe but as it is thought hee will be expelled before Michael- 
mas. I am sorry I cannot heare from my brother since my returne, 
but I presume it is multitude of businesse about his building not 
want of loue w ch makes him thus long to forbeare to write unto 
whome as alsoe to my sister, and Aunt I desire hartily to be reco- 
mended, thus being in great hast I leaue you to God's protection. 
" Your most dutifull and obedient sonne " 
August 2 do 1619. Thorn, ffox. 

" Addressed to y e worth, my very louing father Mr. Samuel ffox at 
his house in Waltham these bee." * 

In this same collection of MSS. is a draught of a letter from 
Dr. Foxe the physician to a person of high rank, probably Sir 
Thomas Roe.f There is an original letter of Sir Thomas Roe 

* Harl. MSS. 416, fol. 226. 

f Probably Sir Thomas Roe, nephew of Sir John Roe. He was 
knighted by James I., and appointed ambassador to the Mogul at the 
instance of the East India Company, to whom he rendered valuable 
services during the four years he held the appointment. He died in 
1644. Of him Ben Jonson sang, 


to Doctor Foxe, dated at Constantinople, May 3, 1623, 
giving some observations respecting the Turks. There is 
a letter from the Lords of the Privy Council to Dr. Thomas 
Foxe, dated from Whitehall, i/th June, 1639, f r a donation 
to assist the King, who with an army had proceeded against 
the Scots. 

In the Lansdowne MSS. is a letter respecting the assess- 
ment of Dr. Thomas Foxe's property ; the document bears 
date January 8th, 1644, "att the Comittee of Lords and 
Comons for advance of Money." The following letter in the 
same collection is a reply to it : 

" At the Comittee for Sequestracons in Westm. die Mercurij 12 
ffebru. 1644 xx Carol Regi. 

" fforasmuch as it appearss to this Comittee by an order from the 
Comittee of Lords and Comons for advance of money at Haberdd 
Hall dated the last of January past that Dr. ffox hath paid his xx th pte 
alsoe by a certificate from Comittee of Arreares that he hath paid 
all his assessmt ymposed uppon him. It is therefore ordered that 
the sequestracon of the estate of the said Dr. ffox be taken off and 
discharged. Johem Jackson Collector ibur." 

Dr. Thomas Foxe held a great deal of property in Waltham 
Abbey, besides that which his father died possessed of. The 
writer owns two MSS. hitherto unpublished, dated at Wal- 
tham, 1632, which refer to this copyhold property, and 
which may be of sufficient interest to merit a place in these 
pages. Mr. Robinson, whose name is mentioned in the 
document infra, was of the same family that resided at Cold 
Hall in this parish ; the hall is still standing, but is divided 
into three separate dwelling-houses. The houses referred to 
in the annexed document were situated in the hamlet of 
Upshire in the parish of Waltham Abbey, viz., 

" Manor de Waltham See. Crucis. Decimo octavo die Decembris 
Ao. Dni 1632. 

" Thou hast begun well, Roe, which stand well to, 
And I know nothing more thou hast to do." 


" M d . that the day and yeare above said Willyam Robinson of 
Waltham holy crosse in the County of Essex taylor hath surrendered 
into the hands of the Lord of the man r of Waltham holy crosse afore- 
said by the hands of Henry Wollaston gent, and John Smith two 
customary tenents of the said man r by the rod according to the 
Custome of the said man r . All those his two cotages or tenements 
situate in Vpshire whiche manr aforesaid one of them in the tenure 
and occupacon of the said Willyam Robinson abutting vpon a greene 
there called Sawdres greene towards the east and vpon a croft called 
loules towards the west, the other tenement or cottage now in the 
tenure and occupacon of Christopher Parsons of Waltham aforesaid 
abutting upon ye said greene called Sawdres greene towards ye east 
and upon a Croft called loules towards ye west w th all ye gardens, 
orchards, crofts, barnes, stables and houses and all other the appten- 
ances to the said tenements or any of them belonginge or any wise 
apptaninge or there wh orw ch any of them used occupayed or misyed 
as pt pcell of member of hem or any of hem. To the use and 
behoofe of Thomas ffox of Waltham holy crosse afforesaid esqre and 
of his heires and assignees for ever. 

" Willyam Robinson. 
" Henry Wollaston -\ 
John Smyth ) tenents ffines jx ^- 

Cop. v s . 
" Endorsed W m Robinson his surrender to Doctor ffox." 

The following is another copy of the surrender of the same 
property : 

" Whearas William Robinson of Waltham holie Crosse in the 
countee of Essex Taylor by his surr, bearinge date the xvm th daie of 
December Ao Dni 1632 surrendered into the hands of the Lord of 
the same mannor of Waltham by the hands of Henry Woolerston gt 
& John Smith two customarie Tents of the said by the rod and 
according to the Custome of the said Mannor. All those his two 
Cottages or tenements in Upshire in the mannor aforesaid. One of 
them in the tenure or occupacon of the said W m Robinson the other 
in the tenure or occupacon of Christopher Parson w th the apptennces 
&c. To the use and behoofe of Thomas ffox of Waltham holie crosse 
aforesaid esqr & of his heires & Assgs for ever as by the same sur- 


render more at large may appear. Now know yee that the said 
Thomas ffox have constituted and made Robart ffox my welbeloved 
brother of Waltham aforesaid Gent, my true and lawful Attorney as 
well to receive for me & in my name & to the use & behoofe of me 
the said Thomas ffox my heires and assgs for ever admittance to 
all singular the pmisses w th their Apptennces according to the tenor 
efect & true meaneinge of the above recyted surrendered, and also to 
surrender the same backe againe into the hands of the Lord of the 
said Manner by the hands of the steward or two Customarie tenents 
of the same manner by the rod & according to the custom of the said 
Manner. To the use and behoofe of me the said Thomas ffox & 
Ann my wife for and dureinge o r mutureali lives and the life of the 
longer liver of us & from and after our deceasses then to the use & 
behoofe of the heires & assgs of me the said Thomas ffox for ever 
according to the custom of the same Manner. 

" Signed and sealed 
in the presence of us francis Thomas, Thomas + Glinerster his mark." 

Dr. Samuel Foxe left to the said Thomas his son his lease 
and tenant-right of the parsonage of Shipton, 

" Who enjoyed by renewing above thirty years, and in his time made 
severall short leases of the tythes of Shipton and Ramsey to one 
Thomas Skay, yeornan, who from time to time held the said tythes of 
Shipton and Ramsey, above twenty years being tied to the very same 
words and covenant concerning the poor's entertainment, as appears by 
the leases plainely, and particularly by the lease made by the saide 
Thomas Foxe to Thomas Skay, bearing date the yth of June 1660. 
And here it is observable that Thomas Skay was by all his leases bound 
to the very words of entertaining 2 couples of poor people every Sunday 
and festivall day at the parsonage house in Shipton still and nowhere 
else, without the least obligation, of paying any summe of money to 
Ramsey or any other place upon that account. On the 2oth of Novem- 
ber 1662, Doct. Thomas Foxe died, and left his lease and executoriall 
right of the said parsonage of Shipton, with all its members and apper- 

* An estate was left in trust to Thomas Foxe, Esq., for the repair of 
Waltham Church ; the document bears date Dec. 5, 1637. Farmer's 
Hist. Waltham, p. 163. (1735.) 


tinances, to his only daughter and sole executrix Dame Alice Willys 
wife to Sir Richard Willys of Shipton in the county of Oxon, knt. 
and bart." * 

Dr. Thomas Foxe was buried in Waltham Abbey Church on 
the 26th day of the same month. 

One of Dr. Foxe's intimate friends in Waltham was James 
Hay, the Earl of Carlisle, a favourite at court, and the patron 
of Dr. Thomas Fuller, to whom he dedicated his history of 
Waltham (1655), and whose good feeling towards the earl is 
exemplified in the latter part of that history. 

" The Abbey [of Waltham] is now the inheritance of this earl's f 
grandchild (by Honora his daughter), James Hay, earl of Carlsile, 
who married Margaret, daughter to Francis, Earl of Bedford, by whom 
as yet he hath no issue ; for the continuance of whose happiness my 
prayers shall never be wanting." 

On one occasion the earl, being pressed for money, wrote 
to his friend Foxe for the loan of five hundred pounds for one 
year, but whether the money was granted or not we have not 
yet discovered. The following is a copy of the letter : 

" Dr. ffoxe 

" I heard you were latly at Waltham, and I sent by Mr. Olivear 
to inuite you to dinner to my house, but missing that opportunity I 
make it my request to you to lend mee fiue-hundred pounds for one 
yeare I shall give you good security for it, and acknowledge it as a 
kindnes done to 

" Yr most assured louing friend 

" J. Carlile. 
"May 8 1654." 

This letter is directed 

" To Dr. ffoxe at the Sign of the Bell a Shoomakers house, at the 
lower End of Chancerye lane neere fleetstrete giue these." J 

* Harl. MSS. 419, fol. 171. 

f Edward Denny, Earl of Norwich. 

I Lansd. MSS. 819, fol. 46. 


This earl died at his noble mansion near the Abbey 
Church of Waltham, and his remains were committed to the 
dust by the old curate, Nathaniel Hatley. In the register is 
the following entry : 

"The right Hon blt James Earle of Carlile departed this life 
Octobr 30, and was buried at the upper end of the chancel, November 
1 5 th Anno Domini 1 660. Prczijt Dominus, et servus sequar N. Hatley." 


Robert Foxe, the younger son of Dr. Samuel Foxe, was born 
December 5th, 1597, at Copt Hall at least we suppose so 
from the fact that his brother John was born there the year 
previous, and his sister Jane in 1599. But the entry of their 
baptism does not occur in the parish registers. Probably 
the Foxes being in affluent circumstances, the children were 
christened privately, and so their names were not registered. 
At the age of nineteen we find Robert located at Clifford's 
Inn, London. In the summer of that year, 1616, he writes to 
his brother Thomas, then a Fellow of Magdalen College, 
Oxford, respecting the trial of the Earl and Countess of 
Somerset at Westminster, for the murder of Sir Thomas 
Overbuiy, a miscellaneous writer, born in Warwickshire in 

In 1604 Overbury contracted an acquaintance with Robert 
Car, or Ker afterwards Earl of Somerset, a favourite of King 
James I. by whose influence he was knighted in 1608. Sir 
Thomas Overbury subsequently became the confidant of his 
patron, and assisted him in his intrigues with the Countess of 
Essex, when this unhappy lady had, by a series of disgraceful 
acts, procured a divorce from her husband. Overbury strenu- 
ously advised Lord Rochester not to marry her ; this counsel 
was immediately communicated to the lady, who from that 
time sought means to remove her adversary. An attempt 
was made to place him at a distance by appointing him to a. 


foreign office ; but this he refused to accept, and on the ground 
of disobedience in declining the king's service, he was at once 
arrested and made a close prisoner in the Tower, where the 
Earl and Countess administered poison to him in his viands, 
and which terminated in his death. Some considerable time 
elapsed before the facts of the murder were made public, when 
the keeper of the Tower, with several other persons, were 
condemned and executed. The Earl and Countess, however, 
were convicted and condemned, but not executed. Robert 
Foxe was one of the spectators in Westminster Hall when 
the case was being tried. 

The following is a copy of the letter from Robert Foxe to 
his brother Thomas respecting the trial, &c : 

" Kinde brother after my very kinde commendacons unto you re- 
rnembred, theis are to lett you understand that I haue receiued your 
kinde letters for which I most hartily thanke you. 1 thank e you 
alsoe the rather because I now as alwaies I haue hitherto found you 
loue in reioycing at my p r ferment ; now I ame I thanke God in the 
way as I hope of preferment and I doubt not by Gods healpe but to 
find hereafter like a manne of my selfe in good sorte as one should 
bee of my posession. Concerninge newes, heere is exceeding greate 
businesses in London but I dout not but you haue hearde of at 
Oxford alredy of all o r newes and peradventures somme more than is 
trew. But uppon friday last beeinge the 2i st day of May was the 
lady arained at Westminster but beeinge arained saide littell or 
nothinge and there was attainted of nothinge but the death of Sir 
Thomas Overbury.* The perticuler articles (as there were many) I 
could by noe meanes see although I stood close by for there were soe 
meany in the hall as I could understand scarse ouer a worde. The 
next day beeing saterday the Earle was arained whoe stoode exceed- 
inge longe at the Barre w* manny greate examinacions and hee 
answered very exceedinge well to many of them and freed himselfe 
from many scandalls which would haue after his death ye sondre per- 
ticuler articles which were proposed against him were soe many y l hee 
was forced to crave the sondre inditementes in writinge vnto which 
hee answered againe in writinge and soe preferred them to ye lord 

* A very good portrait of this gentleman is preserved in Michel's " Pro- 
gress of James I." Taken from a rare print. 


Chauncellr hee was not attainted of any thinge ellse but of Cude- 
buries death soe theye stande untill tenne a clock at night, but the 
Peares found them both guilty and soe they were condemned both to 
be hanged and nowe stay the kinges pleasure soe the corte broake 
vpp and the prisoners were returned to the place from whence they 
came ; this is all the newes I canne certifie you of to Certife yo u only 
in the truth but If I chaunce to happen of their examinations I will 
send yo u them but I ame loth to send yo u worde of any thinge vntill 
I know full certainely thereof because theire goe so many flyinge tales 
abroade which are starke lyees. My sister Ursula may in towne one 
Thursday whoe certified mee that ye buildinges goe forwarde a pace 
and will bee eanded shortly ; shee telleth mee that it will doe werry 
well ; my ffather, mother, and aunte and sisters both are uery well and 
willed mee to commend there loues to yo u when I next writt unto 
you. Wee shall scarse finde another gammon of Bacon at ould 
Roberts now if wee should comme thether half hungerstarued nor a 
good cheese cake nor any good creame when my ould host Nicoles 
at Waltham Church gate* is deade. Geasperf and many other 
about us are in great troble for stealinge of deare my Lord doth 
Tyranies very exceedinge much ouer them and undoeth many of them. 
This is all y e London newes & Essex newes I canne certifie you of 
and soe I rest allwayes as hether to I haue I hope binne. 

" Cliffords June in London this firste of June an. 1616. 

" Yo r assured lovinge brother to Commande, 
" Robert Fox." 

This letter is addressed "to his very louinge brother Mr. fox 
fellowe of Magdalen Colledge in Oxon DD. there w th speede." 

Robert Foxe eventually became captain in the navy. There 
is a letter in the Lansdowne collection of MSS. from him to 
his brother Thomas, written at sea " from the Downes," dated 
1 6th Nov., 1634, in which the writer says that he is in charge 
of a vessel just come into the Downs from Spain, laden with 
240,000 in silver bars. He desires to be remembered to his 

* Probably host of the " Cock Inn," near the church now standing. 
" Jesper necoll married Jane bruet" at Waltham Church, July 4, 1568. 
t " Geasper " may have been son of " host Nicoles." 


" loving sister," to Miss Wake,* " to ffishers, and Stapleford."t 
In the same collection there are three or four more letters, 
written by Sir John Pennington to Captain Robert Foxe. The 
first is a commission from Admiral Sir John Pennington to 
Capt. Robert Foxe, of his Majesty's pinnace the " Lion's First 
Whelp," to seize the ships of the Dunkirkers till they shall 
make satisfaction to the Earl of Pembroke for certain fishing 
vessels that they have unjustly taken from him. Dated Nov. 
i, 1638.1 After this date we find Foxe in command of the 
ship " Leaghorn," 

" By command from the Right honor ble o r Lord High Adm* 1 of 
England. These are to pray and require yo u to looke out yarely 
from tyme to tyme that noe Barks Retches or Boats, Sweepes for 
Cables, Anchores, or any other thinge sunke in this roade w th in his 
Lor ds bounds or Limitts, that is to say further from the shoare then a 
horseman may ryde in at Lowe water & touch them w th his lance but 
such as haue warrants for it vnder his said Lor? 5 hand, and Scale. 
And if you find any transgressinge herein yo u are for the first tyme 
to admonish them that they doe it noe more w ch if after they p r sume 
to doe y ou are to cause him or them to bee apprehended, and kept in 
safe custody till yo u can acquaint me w th it if I bee here or in my 
absence any other officer of the fleete or such as I shall depute in my 
place, that wee may give my Lord Adm le knowledge of it & receive 
his further commands therein, Heareof you may not sayle & this 
shall bee yo r sufficient warrant for the same from aboard his mat s shipp 
the St. Andrew in the Downes this i2 th of August 1641. J. 

" To my very loveinge friend Captaine Robert Fox, Capt. of the 
League-home m r chant." (Lansd. MSS. 819.) 

In another letter Sir John Pennington requests Captain 

" To attend the cominge of Sir Robert Honywood and his lady," 
whome he is 

* Most likely a branch of the Wake family, Lords of the Manor of 
f These relate to the Wollastones and Botelers. 


" To receive aboard shippe w th their retinue and baggage and w th ye 
first opportunity of winde and weather to transport them over for 
such parts of Holland as they shall desire, &c. Date September 
io th 1641." 

On the third of the following month Sir John Pennington 
orders Captain Robert Foxe to bring his vessel " the Leaghorn," 
up the " River of Thames." The crew is then paid off. There 
are several notices of Captain Foxe in the calendar of State 
Papers.* He died in 1646, and was buried in Waltham 


Henry Wollaston of Waltham was a descendant of the 
noble family of Wollaston of Shenton Hall, co. Leicester. 
This family flourished in the time of Edward III. at Wollaston 
in Staffordshire, and in the reign of the second Richard they 
sold the manor to the Aston family. This Henry was twice 
married, first to Sarah, daughter of William Burges of 
Kent ; and second to Alice, widow of Mr. Smith. His 
son Henry, first of that name, was buried at Waltham in 
August, 1588, a year memorable in history for the defeat of 
the Spanish Armada. The second son, Henry, was a man of 
very high position in Waltham. He was Justice of the Peace 
for Essex during the reign of Charles the First and Second, 
and throughout the Protectorate. He acted in lieu of the 
clergyman of the parishes of Waltham and Nazing in respect 
to marriages. The parish registers show that he married a 
great many couples from 1653 to 1657, and in some instances 
the banns were published three separate times in the market- 
place on market days. The elder Henry, though much 
engaged in London as a large draper and alderman of the 
city, frequently resided at Fishers in Waltham, and was so 
attached to the town of Waltham that he bequeathed to 

* Public Record Office. 


the poor of the parish the sum of one shilling weekly, which 
was to be spent in bread, and divided every Sunday. This 
gentleman died suddenly in his arm-chair while in the act of 
singing a psalm ; this occurred about the year 1617. His son 
Henry Wollaston, Justice of the Peace, married Ursula, the 
daughter of Dr. Samuel Foxe of Warlies, Waltham Abbey, 
April 29, 1617. The first three years of their wedded life 
were spent at Warlies, after which they removed to Fishers, 
the homestead of the Wollastons. They had issue Edward, 
born 1621; Anne, 1622-3; Henry, 1625-6; Ursula, 1628; 
Thomas, 1629 ; and Samuel, 1632. Most of the family, it 
appears, were born at Fishers; the house is still standing 
on the right-hand side of the green, midway between the 
Nazing Road and " Pains Island," leading to Cheshunt. Of 
Edward, the first son, Dr. Foxe was especially fond, and in his 
will leaves him the sum of 20, no small amount in those 
days. Henry, the second son, married Anne, daughter of 
Oliver Boteler, of Harold co. Beds. He was a Captain of the 
train-bands in 1664, and died in 1678. His remains were in- 
terred in the Abbey Church of Waltham. Justice Wollaston 
the father died in 1669-70, and his beloved wife died the 
following year. They were buried in the church. A fine 
marble bust of Henry Wollaston is still preserved in the church. 
Francis Wollaston, who died in 1684, and lies buried in the 
same church, was son of William Wollaston of Shenton Hall, 
and Sheriff of Leicester, a collateral branch of the first- 
mentioned Henry. William Wollaston, the great theological 
writer, author of " The Religion of Nature Delineated/' 
descended from the same family. He was born at Cotton 
Clanford, in Staffordshire, March 26th, 1659 ; died October 
29th, 1724. 


(Extracts from the Parish Register.) 

" 1588. Henry Wolliston the son of Henry Wolliston of London 
buryed, August 14. 

1606-7. Thomas Wooleston & Margaret Colburne married, 
January 13. 

[1607. Four persons married by Justice Wollaston.] 

1612. Samwell Middillmas & Sara Woollarston, married Oct. 5. 

1617. Henry Woolerstone gent maried to M st Ursula fox 
Aprill 29. 

1621. Edward Woolerstone son of Henry Woolerstone also to 
Ursula was baptized, June 27. 

1622-3. Ann Wolleston daughter to hendri as also to Ursula his 
wife Bapt. Feb 27. 

1625-6. Henry Wollerstone sonn of Henry as also Ursular Bapt. 
Feb. 23. 

1628. Ursula Woolerstone daughter to Henry and Ursula Bapt. 
April 17. 

1629. Thomas Wollenstone son of Henry & Ursula, Bapt. Sept. 18. 

1630. Elizabeth Wollerstone daughter of Henry as also Ursula, 
Bapt. Dec. last day. 

1632. Samuel Wooluerstone sonn of Mr. Henry & Ursula, Bapt. 
August 30. 

1632. Thomas Woolerstone son to Mr. Henry Woolerstone, Buried 
Sept. 3. 

1645. Memerrandum that the Banes of Matrimonie between Mr. 
Adam Edwards and Misteris Ann Woollaston ware three severall 
times published in- our Parish Church of Waltham Abby without 
contradicktion and the last time of the publishing thereof was the 20 
day of Aprill 1645 and they ware married one thursday the 24 of the 
same moneth. 

1648. Mr. Rowland Berisford & Misteris Elizabeth Wollastone, 
married Nov. 23. 

1653. Ed. Brown ye sonn of William Brown of the parish of Chig- 
well in Essex and Margret Nevel of Navestock in ye same county 
being asked in marriage three several Lords dayes in their respective 
parishes were married on the 9 of Nov. by Hen. Wolleston. 

1655. Ursula daughter to Mr. Henry & Mrs. Ann Wollaston borne 
at Harehold in Bedfordshire, Birth. Sept. 27. 


1656. The seacond child, but first sonn to Mr. Henry & Mrs. Ann 
Wollaston, Birth, July 25. [Henry Wollaston married several 
persons from Nov., 1653, to May, 1657. His name is appended to 
nearly every " contract of marriage " entered in the Register during 
that period.] 

1658. Judith daughter to Henry & Ann Wollastone, buried, 
Sept. 7. 

1660. Henry sonn of Mr. Henry & Mrs. Ann Wollaston, born 
April i. 

1660. Timothie Robinson servant to Henry Wollaston Esq., Buried 
August 23. 

1662. Richard sonn to Captain Henry Wollaston & to Ann, Bapt. 
Dec. 19. 

1665. Oliver sonn to Capt. Henry Wollaston, Bapt. April 30. 

1665. Mr. Thorne Wills Ensign to Capt. Wollaston, Buried, 
May 14. 

1666. Thomas sonn to Capt. Henry Wollaston, Bapt. Nov. 8. 

1668. A son ye sixth of Capt. Wollaston, Buried Dec. 21. 

1669. John Bolls servant to Justice Wollaston, Buried, May 18. 
1669-70. Henry Wollaston senior Esq. Justice of ye peace and 

Quorum many years, buried in ye Church at the south-end of his own 
pew, Feb. 17. 

1670. Mrs. Ursula Wollaston wid. Relict of Henry Esq. Buried 
ye 1 1 April. 

1674. Richard son to Capt. Henry Wollaston & of Mrs. Ann buried 
in ye Church of St. Giles in ye fields Midd., March 28. 

1678. Capt. Henry Wollaston buried in ye Church March 2ist. 

1684. Francis son of William Wollaston of Shenton in county of 
Leistershire & of Elizabeth his wife, she being ye only daughter & 
heir of Capt. Cave of Inglesbie in ye same county buried att ye south 
end of ye pew of Hen. Wollaston Esq. Dec. 6." 

The Churchwardens' Accounts of Waltham Abbey : 

" 1643-4. Rec d . off Mr. Henry Woolaston Esq. w ch he had of a man 
that was drunk according to the statute 5 s . 

1645-6. Mem. Mr. Wollaston paies his monie wekely in bread 
w ch is I s . p. week ^2. 12. o. 

1651-2. Henry Wollaston Esq. gave i towards purchasing 
Buckets, ladders and firehooks for the parish." These firehooks were 


kept in the old Market house, and used to pull off the thatch and 
liles of buildings on fire." 

Henry Wollaston's gift to the Parish of Waltham Abbey. 

Henry Wollaston, the elder, of St. Martin Ogars, London, 
draper, by his last will and testament, dated November, 
1616, gave as follows : 

" My will and mind is, and I do devise and appoint that my said 
son Henry, and his heirs shall yearly for ever pay towards the relief 
of the poor of the said parish of Waltham Holy Cross the sum of 
two and fifty shillings of lawful money of England, to the parson and 
Church- ward ens then for the time being, for the poor, to be bestowed 
by twelve pence every Sunday in Bread. And I do will and devise 
that the said two and fifty shillings shall be issuing and paid out of 
my said lands, called FISHERS * alias Salmons ; and that the said lands 
shall be for ever chargeable with the payment thereof, to the poor of 
the said parish of Waltham." 


This gentleman married Alice, daughter of Dr. Thomas 
Foxe of Waltham Abbey, grandson of the martyrologist. 
Both Sir Richard Willys and his brother Sir Thomas were 
created baronets by King Charles I., the former in 1646, the 
latter in 1641. Sir Richard Willys was colonel of a regiment 
of horse under Charles I., Colonel-General of the counties of 
Lincoln, Nottingham, and Rutland, and Governor of the town 
and castle of Newark. He had an only son, Thomas Fox 
Willys, born at Waltham Abbey, on whose death in 1701, at 
the age of eighty-nine, the baronetcy conferred upon his father 
became extinct. Ann Fox Willys was baptized at Waltham, 
February 21, 1659-60. She married Christopher Davenport, 

* Situate in Holyfield, in Waltham, now in the occupation of Mr. 
Green. It is the property of the Trustees of Fuller's Charity, London. 

f The son of Richard Willys of Horningsey and Fen Ditton, co. 


Esq., of New Inn, and had a daughter Elizabeth, born in 1701. 
Sir Richard Willys had a daughter born at Waltham, named 
Adeliza, not Alice, as suggested by Burke. She was baptized 
April 9, 1663, an d died unmarried. Sir Richard died in 1690, 
and was buried at Fen Ditton, in the county of Cambridge- 
shire. Of the family of Sir Thomas Willys there were six 
baronets, the last of whom died in 1732. William Willys of 
Hackney, to whom Strype was indebted for the use of John 
Foxe's MSS. (see ante), was a Hamburgh merchant, the 
youngest son of Sir Thomas Willys. He died in 1726. 
The Willys family seats were at Fen Ditton and Waltham 

The writer possesses a large parchment, endorsed 

" The assignment of Sir Richard Wyllys and dame Alice his wife 
Executrix of Mr. Thomas Fox her father, to John Curranie Esq. 
November the 26, 1664, of the lease of Mortgage from Mr. Phillip 
Dallow and Mr. Edward Dallow to the sayd Thomas Fox of the 
Manor of Bitchfield, &c., for 1500^ payd to them by the sayd 
Mr. Curranie." 

This document has two fine red wax seals, with autograph 
of Sir Richard Willys, and Alice his wife. The family name 
occurs in the Parish Register of Waltham several times, viz., - 

"1567. Angnes Wylles the daughter of henry Wylles, Bapt. 
Maye 16. 

1569. Henry Wylles the sonne of henry Wylles, Bapt. Apryell 22. 

1576. John asskwe and lone Willes married Jan vary 22. 

1659-60. Anne Fox daughter to Sir Richard and Lady Alice 
Willis, Bapt. Feb. 21. 

1 66 1. Thomas-Fox Willis son to Sir Richard Willis Knight and 
Baronet as also Dame Alice his wife borne June 30*. 

1663. Adeliza daughter to S r Rich. Willis & Dame Alice, Bapt. 
April 9. 

1682. Henry Hucks servt to Sir Rich. Willis Bur. July 31. 

1798-9. John son of Richard Willis, Bapt. January 23." 

In 1668 Sir Richard Willys signs, with Henry Wollaston 
the elder and Henry Wollaston the younger, a petition to 


King Charles II. for leave to collect money for the reparation 
of Waltham Abbey Church, which building was then expected 
" to fall to the ground." The privilege being granted by the 
monarch, the inhabitants of Waltham returned their sincere 
thanks to his Majesty. An entry to this effect occurs in the 
Churchwardens' Accounts, under date 1668 : 

"Waltham Holy Cross at a vestry then holden February 1668 
upon publique notice given thereoff ye Lords day next before agreed 
and concluded then and there as follows Imprimis, Most humble 
and heartie thanks wee render His gracious Majestic for granting a 
Collection by way of brief towards ye repair of our Parish Church &c. 
Richard Stevens, Edmond Goulding. Richard Willys, Hen. Wollas- 
ton Jun." 

Bulstrode states that after the battle of Naseby, King 
Charles expressed a wish to promote Sir Richard Willys for 
his valuable services as Governor of Newark, but Sir Richard 
refused taking any higher position, as his means would not 
admit of it. The king, however, promised to furnish him 
with means according to his office, but failed to do so. The 
above writer remarks that 

"Sir Richard Willis appeared much troubled, and excused his 
taking the other command, as a place of too great honour, and that 
his fortune could not maintain him in that employment, and said his 
enemies would triumph in his removal. The king told him he would 
take care and provide for his support, and so went out of his chamber 
to church, and after his return, being at dinner, Prince Rupert, Prince 
Maurice, Lord Gerard, and Sir Richard Willis, with twenty officers of 
the garrison, came into the presence-chamber, where Sir Richard 
Willis addressed himself to the king, and told him it was the public 
talk of the town that he was disgraced, and turned out from his 
government, and Prince Rupert added, Sir Richard Willis was to be 
removed from his government, for no other fault but for being his 
friend. The Lord Gerard said it was a plot of the Lord Digby, who 
was a traitor r and he would prove him to be so. The king was so much 
surprised at these extravagant and insolent Discourses, that he rose from 
dinner in great disorder, and retiring into his bedchamber he called 
Sir Richard Willis to follow him, who answered loudly that he had 



received a public injury, and expected a public satisfaction. This so 
provoked his Majesty, that with much greater indignation than ever he 
was seen possessed with, he commanded them to depart his presence, 
and to come no more into it; and this with such circumstances in his 
looks and gesture, as well as words, that they appeared no less con- 
founded, and departed the room, ashamed of what they had done. 
Yet so soon as they came to the governor's house they sounded to 
horse, intending to be presently gone, but soon after they sent to the 
king for passes, who gave them such as they desired, and sent them, 
tod declared Collonel Bellasis Governor of Newark, but forgot at the 
tome time to have hanged up Sir Richard Willis for his insolent 
carriage towards his sovereign." * 

* " Memoirs and Reflections upon the government of King Charles I. 
and II.," vol. i., p. 129. 







IN the series of papers on " Domestic Every-day Life, and 
Manners and Customs in the Ancient World," which I have 
had the pleasure of reading before this Society,* I endeavoured 
to afford an insight into the mode of living among the people 
of the nations of old, more especially the Egyptians, Greeks, 
Romans, and Jews, commencing with those of which we have 
the earliest authentic records, and carrying the account down 
to the period when Roman civilization arrived at the highest 
state of perfection which it ever reached. I described to you 
" the style of dress of the people, their cities and houses, the 
furniture which they used, their mode of taking their meals, 
their different kinds of amusements, their method of travelling 
both by land and water, their professional and commercial 
pursuits and occupations, their arts and manufactures, their 
way of carrying on war, their religious rites and ceremonies, 
and their funeral solemnities." In affording this account I 
availed myself of the records of various kinds which the 
people of these several nations have left behind them, including 
not only the productions of their historians, but the various 
national monuments which yet remain, the works of art that 
have been preserved, the relics of ornaments and articles of 

* " Royal Historical Society Transactions," vol. ii., p. 393; vol. Hi., p. i ; 
vol. iv. p. 364. 


domestic use that have been discovered, and the relics of 
their cities and buildings which have survived the shocks of 

In another series of corresponding papers I now propose to 
present to you a sketch of the domestic every-day life, and 
manners and customs of the people of this country, com- 
mencing with an account of the earliest known inhabitants of 
our island, and carrying the narrative down to the end of the 
last century. I shall describe to you their style of dress (when 
they used any), their cities and houses, the furniture which 
they possessed, their mode of taking their meals, their different 
kinds of amusements, the way in which they travelled both by 
land and water, their various professional and commercial 
pursuits and occupations, their arts and manufactures, the 
manner in which they carried on warfare, the sort of sports 
and amusements in which they indulged, their religious rites 
and ceremonies, and their funeral solemnities'. 

In another paper which I read before you on the " Materials 
for a Domestic History of England,"* I endeavoured to point 
out and enumerate, the various materials which we in this 
country possess, that are available for a history of the kind 
that I have alluded to, particularly as regards the records left 
us of past times in the regular histories that have been trans- 
mitted to us, the numerous historical monuments yet re- 
maining, the chronicles of different periods which have been 
preserved, the various works of art belonging to different 
ages which still exist, the several authentic records and legal 
instruments that have been handed down, many of them most 
valuable for this purpose ; also household regulations, and 
inventories and books of account, which are often extremely 
serviceable in this way. The records of the Legislature and of 
the courts of justice, which show the sort of laws that were 
found necessary at different periods, and the trials that took 
place, also throw much light on the domestic history of the 
period. Public journals, when they existed and have been pre- 
served, are also of the highest value in this respect, as is the 

* "Royal Historical Society Transactions," vol. ii., p. 142. 


private correspondence which was carried on, and in which is 
frequently recorded much that is valuable to throw light on 
every-day life at particular times and in particular parts of 
the country. 

The researches that have during the last few years been 
made by the Commission appointed by the Crown for inquiry 
into, and bringing to light, the various manuscripts and 
documents of historical value existing in this country many 
of which have hitherto been lying useless, and were rotting 
away in obscurity have opened a vast mine of wealth as 
regards the information that they afford respecting our 
domestic history in ages bygone, and of which I hope to 
avail myself in the papers that I am about to present to you. 

As in the case of the papers which I read to you on domestic 
every-day life in the ancient world, I propose to illustrate 
each one with a series of diagrams,* intended to afford an 
idea of some of the principal objects described. These 
pictures are obtained from very different sources. Some of 
them, as in the case of the representation of the group of 
Ancient Britons and of their dwellings, which you see before 
you this evening, are mainly derived from descriptions left to 
us by historians of the time, who actually saw them. The 
pictures of Druidical and other monuments are copied from 
these objects themselves. Ancient missals, which go back as 
far as the Anglo-Saxon times, contain several very graphic, 
though somewhat rude, representations of the people of that 
period, and serve well to exhibit the style of dress, and their 
manner of life. Several of the diagrams are copied from these 
works, and others from missals of a later date, which afford on 
the whole the most accurate, effective, and faithful representa- 
tions of every-day life in those days anywhere to be met with. 
Ancient buildings of different descriptions, and ancient armour, 
and domestic utensils of various kinds, have also afforded 
materials for other illustrations, as have ancient prints and 

* Dr. Harris has deposited in the Society's archives a series of 
diagrams, illustrative both of the present paper and of his previous com- 
munications on kindred subjects. ED. 


pictures of the ordinary kind. Several of the diagrams are 
copied from sketches which I made on the Continent, of 
objects which serve to throw light on the domestic history of 
the period, which was in many respects much the same in one 
country that it was in Bother, all being nearly on a level in 
point of civilization. 

Although, from the mixture of different races, I do not think 
it of much importance to endeavour to trace back the genera- 
tion of particular families so as to ascertain whether we have 
ancient British, Anglo-Saxon, Danish, or Norman blood flow- 
ing in our veins ; yet there is another kind of investigation, 
which is both very interesting and very instructive to pursue, 
somewhat allied to this, and which is the tracing out of the 
development of peculiar national characteristics thus early 
exhibited, and the origin of the various civil institutions whose 
foundation was laid in these primitive times.* Charac- 
teristic traits are early displayed in the history of each nation, 
analogous to what is the case with regard to individual men. 
Thus the courage, the generosity, the independence, the spirit, 
and the ingenuity which were exhibited by our rude fore- 
fathers, may have constituted the germ of the nobler, or rather 
more perfect and cultivated qualities of the same kind which 
at this day distinguish the inhabitants of this country. The 
same spirit of commercial enterprise which animates us now, 
was also a marked feature in the character of the Ancient 
Britons ; and the habit of travelling about, and of wandering 
abroad to explore new countries, so characteristic of English- 
men, we may have derived from the predatory Saxons and 
Danes, whose blood is mingled with that of our ancestors the 
Britons. In many nations I might particularly instance the 
Jews, in whose national character there are very marked 
features it is curious and interesting to trace to how large an 
extent the future character of the nation accords with what it 
developed at the commencement of its career, f 

* "Civilization considered as a Science," &c. Essence, p. 30 (Bohn's 
Library Edition.) 
t Ibid,, p. 29. 


As regards the civil institutions of this country, many of 
those which are not only now in use, but which are the most 
highly prized, had not merely their type in the early period of 
which I am about to speak, but the germ of these institutions 
was then fully developed. I may especially refer to that 
boasted institution, so conducive to the liberty of this 
country, and which sprung from that love of freedom so 
peculiarly characteristic of the people of this land, " trial by 
jury." The holding of free parliaments was an institution of 
our Saxon ancestors, and even the mode of conveying property, 
and the principles for its regulation, were very similar to 
those now recognised, and formed indeed their basis. It is 
especially interesting to observe the care taken in these rude 
times to promote the investigation of truth in their proceed- 
ings, the anxiety with which it was sought out, and the skill 
and caution which they exercised in guarding against any 
infringement on their liberties. 

We may, indeed, not unreasonably hope that the ultimate 
result of the mixture of different races of people may have 
been in many respects to correct the characteristic defects, 
and to develop the characteristic virtues peculiar to each ; 
and that the rivalry of different institutions borrowed from 
various nations would, in a corresponding manner, tend to 
advance and perfect each other. 

We nevertheless may be, and I think ought to feel grateful 
that we were not born in the age that I shall attempt to 
describe. And I believe that you will all agree with me that 
we are far better off as we are than if we had chanced to be 
one of those ancestors. " St. Martin's " and " St. Giles's " were 
then really "in the fields," or more probably in the woods. 
Where we are now assembled might have been the haunt of 
some wolf or other ferocious animal. What London itself 
then was, I may, perhaps, in a future paper, attempt to 
describe to you ; something very different from what it now 
is, or from any other town or village at present existing in 
this country. 

It is not always that we are able to collect authentic 


information respecting these early times. There were then 
neither books nor newspapers to tell us anything about them; 
and if there had been any, there was probably nobody in this 
country who could read them. Printing, indeed, was not 
invented until long after the period of which I am going to 
speak. What books there were, were written only ; but none 
of them came to this country, where, of course, they could be 
of no use. In our day, the newspapers alone may serve for 
materials to the future historian of the manners and customs 
of these times, and present an accurate diary of the every-day 
life of the nation. 

I shall try to carry your minds back to a period of from 
some i, 800 to 1,000 years before that in which we are now 
living ; and we must endeavour to imagine that for the hour 
we are existing in those times, in all respects so entirely 
differing from our own. 

It appears to me, from a survey of the different authorities 
and arguments on the subject, that the most probable and 
satisfactory conclusion at which we can arrive is, that the 
original population of this island was derived from the Gauls, 
or inhabitants of France, some of whom migrated hither. 
Certain romantic historians have, indeed, claimed for our 
primitive forefathers the high honour of being descended 
from the Trojans, a colony of whom is said to have been 
brought hither by a great-grandson of ^Eneas, after the fall 
of Troy. It is further asserted that the Trojans, to their 
astonishment no doubt, and possibly also to their regret, 
found Britain inhabited by a race of giants, ruled over by a 
king who rejoiced in the high-sounding name of Gogmagog. 
Another writer says that a school was established for instruct- 
ing the giants in the arts and sciences.* But the Gaulish 
origin of the race, though perhaps the least romantic, is at 
any rate the most probable, t The word Britain is supposed 
to have been derived from some Celtic words meaning painted 
people. + 

* " Pictorial History of England," vol. i., p. 118. 
f Ibid., pp. 8, 9. J Ibid., p. u. 


The earliest authentic account which we obtain of this 
country and of its inhabitants was, however, afforded to us 
by the Romans in the time of Caesar, who invaded Britain 
about fifty-five years before the commencement of the 
Christian era. He wrote a book containing a description of 
all that he saw, and much ' of what I have to tell you is 
derived from that very interesting work. 

Caesar observed of the Britons, " The number of the people 
is countless, and their buildings are exceedingly numerous ; 
the number of cattle is great ...... They do not 

regard it lawful to eat the hare, the cock, or the goose. They, 
however, breed them for amusement and pleasure."* 

According to Caesar, the people who lived in Kent were the 
most civilized among the ancient Britons, and most resembled 
the Gauls, or inhabitants of France, with whom we may 
suppose they had frequent intercourse. 

Caesar says of the people then inhabiting this country, that 
" most of the inland inhabitants do not sow corn, but live on 
milk and flesh, and are clothed with skins. All the Britons, 
indeed, dye themselves with wood, which occasions a bluish 
colour, and thereby they have a more terrible appearance in 
fights. They wear their hair long, and have every part of their 
body shaved except their head and upper lip. Ten, and even 
twelve have wives common to them, and particularly brothers 
among brothers, and parents among their children. But if 
there be any issue by those wives, they are reputed to be the 
children of those by whom respectively each was first es- 
poused when a virgin." f 

When Caesar invaded this country he is supposed to have 
sailed with his fleet from a place now called Ouessant, on the 
coast of France, nearly opposite Deal, where it is probable 
that he landed. Ouessant is about halfway between Calais 
and Boulogne. I have a rough view of it etched on copper 
from a sketch which I made on the spot some years ago. 
The remains of the harbour in which Caesar's fleet rode before 

* Commentaries, book v., chap. xii. 
t Ibid., book v., chap. xiv. 


sailing for England are still to be seen, though it is now 
almost choked up with sand. On an eminence above the 
village is an ancient encampment, of which you see the out- 
line, and which is thought by some to have been made by 
Caesar, and was probably at all events used by him and his 
soldiers before they went on board the fleet. You obtain a 
view of the English coast in the distance, and just perceive 
the white cliffs above Dover and Deal. 

Beyond Ouessant, in the direction towards Boulogne, which 
is about eight miles to the south, you observe a long promon- 
tory or headland stretching into the sea. It is to this point 
that the tunnel under the sea is proposed to be carried from 
Dover, which lies in the opening between the two cliffs on the 
English coast to the north. Ouessant was for many years 
the port from which vessels sailed for England before Calais 
was resorted to. I should imagine that Ouessant was given 
up when large vessels began to be in use, as the sea is very 
shallow near the coast here, and so ships started from Calais 

If we could fancy ourselves in a boat on the sea, approach- 
ing our island at this period, we should observe the country 
covered with thick woods, reaching down in many places to 
the coast. The oaks especially are very fine, of great age, 
and some of them most majestic in their appearance. Here 
and there glades of grass appear, in parts of luxuriant green ; 
in other parts the herbage is long, and rank, and withered. 
Winding avenues or paths are seen among the trees, but are 
almost darkened in some parts, owing to the thickness of the 

Let us land and explore this interesting country. But who 
are those gliding between the trees ? They have now come out 
into the open space, and are looking about them, although 
luckily they do not see us. They are more like demons than 
human creatures ; and, indeed, it has long been supposed that 
Britain is haunted by such beings. These people are the inhabi- 
tants of the island. They are of huge size, have very little cloth- 
ing, and what they have consists of the skins of wild beasts 


not more ferocious than themselves. The women sew these 
skins together with leathern thongs, or fibres of vegetables, 
and bone needles. The skin of a brindled ox fastened with 
thorns was a favourite, I may say a fashionable dress, among 
the ladies of this period. * 

They wore also a necklace of beads, and entwined wild 
flowers in their long twisted hair. Blue eyes were common 
among this people, and their expression was generally wild 
and fierce. 

In the diagram before you, you have a representation of a 
group of them emerging from a wood, armed with formidable 
weapons, their shields made of wicker-work. They live in 
independent tribes, and do not offer a very hospitable recep- 
tion to those who land on their shores ; but who, as they come 
uninvited, have no right to be treated as welcome guests. 
They are generally tall and well made. The hair of most of 
them inclines to red or yellow, and is usually turned back 
upon the crown of the head, and falls down in bushy 
curls behind. Long hair in those days was considered a 
mark of dignity. Kings and nobles were accustomed to allow 
of its growth, while persons of inferior rank were closely 
clipped. "f* Men of rank, however, shaved the chin, but wore 
immense tangled moustachios. On their persons the ancient 
Britons wore bracelets, rings, and other ornaments of gold, 
silver, brass, or iron, according to the rank or means of the 

The women and children were very fair. While travelling 
in Brittany I have been much struck by the fair complexion 
and beautiful oval faces of some of the youths among the 
peasantry of that people, who are the genuine descendants of 
the ancient Britons, who migrated there in shoals on the 
invasion of this country by the Saxons, and who have not 
that mixture of Saxon, Danish, and Norman blood possessed 

* Thompson's " Illustrations of Great Britain," vol. ii., p. 233. 
f Sir F. Palgrave's " History of the Anglo-Saxons," p. 58 ; " Pictorial 
History of England," vol. i., p. 128. 

t Ibid. 


by ourselves. Some of the ancient Britons are said frequently 
to have lived to 120 years. This length of days was sup- 
posed to be owing to the sobriety and temperance as much 
as, or more than, to the salubrity of the climate. In this 
respect I fear that this country has rather retrograded instead 
of advanced in civilization since the time of our rude and 
savage ancestors. The use of clothes was at this period scarcely 
known in the island, so that to all the diseases caused by 
tight lacing, and other modern though not less barbarous 
usages of this sort, they were utter strangers. Only the 
inhabitants of the southern coasts wore any clothes at all ; 
but this portion of the community were so far in advance of 
the rest of the country in civilization, that they covered them- 
selves in a rude fashion with the skins of wild beasts killed in 
the chase. And this we are assured that they did, not 
because they required to protect themselves against the cold, 
but because they wished to avoid giving offence to foreigners 
who came here to traffic with them the earliest instance on 
record of the national politeness. In order to ornament their 
persons and add to their natural charms, they used to make 
incisions in their bodies in the shape of flowers, trees, and 
animals, as also of the sun, moon, and stars, which, with 
the juice of wood, they painted of a sky colour that never 
wore out.* Thus early did a taste for pictorial art display 
itself among us. 

But having landed on the coast, let us [explore this strange 
wild country, and see if we can contrive to make out some- 
thing more about its character and its inhabitants. We will 
follow this winding path into the thick wood. The road is 
very rough, huge pieces of rock here and there interrupt our 
progress; and as we descend into a valley, an extensive marsh 
or morass has to be crossed, and a whole flock of wild-fowl 
are disturbed by our presence. A stag occasionally bounds 
across the path before us, and through an opening in the 
forest we see a herd of deer feeding in a green spot at a 
distance. Sturdy trunks of oak guard the path on each side 

* " Pictorial History of England," vol. i., p. 129. 


of us, and overhead the boughs and leaves are so thick as 
sometimes almost to resemble a vaulted roof. A wolf is 
howling in the plain, and yonder an immense eagle is 
hovering over some object of prey. At the termination of 
the glade which we have been following, there appears to 
be an open space where the trees have been cleared away. A 
number of small buildings, which we at first take for pigsties, 
are clustered here, round in form, with pointed roofs. Of 
this you have a representation in another diagram. This is 
an ancient British village. Our rude forefathers lived in the 
woods, in huts of this form, roofed with straw or osiers, some 
covered with the skins of wild beasts, others with boughs or 
turf. Several they plastered over with clay, and whitewashed 
them with a mixture prepared from chalk.* The houses of 
the Britons at the period of the Roman invasion were nume- 
rous on the southern coast, and were constructed of wood and 
covered with straw. Some of them were made of poles and 
wattled work, in the form of a circle, with high tapering or 
pointed roofs. They had usually one or more lofty arched 
entrances, and the pictures of them were not unlike the tin 
canisters used by grocers. Each hut measured from about 
ten to twenty feet in diameter.-f* There is no appearance of 
either chimneys or windows, but a fire was made upon the 
floor, for which the woods of course supplied abundant fuel. 
To the right of the diagram containing the group of figures, 
will be observed a representation of an ancient British hut on 
a larger scale than those in the other. The original building, 
indeed, whence the picture was taken, was in reality no 
other than a pigsty, and that in Wales. If, however, it be 
thought derogatory to our ancestors to suppose that they 
lived in pigsties, I must in justice to them explain that it 
was not they who lived in pigsties, but the pigs who were 
born in a later age lived in the houses which the people 
abandoned as soon as they got better and larger dwellings. 
At the present day, however, as I can state from experience, 

* Thompson's " Illustrations of Great Britain," vol. ii., p. 80. 
t " Pictorial History of England," vol. i., pp. 98, 99. 


having seen it with my own eyes, both in Wales and in 
Ireland, the pigs very often live in the same houses with their 
masters, and more than this, eat out of the same vessels 
that the family do, and in which the poor pigs themselves 
will some day or other be served up at table. In one of the 
pictures of a habitation of this form, copied in the group of 
huts in the diagrams representing a view of the country in the 
ancient times, there is a low semicircular wall in front of 
the building. This may, however, very possibly not have 
been erected when the people . our ancestors lived there, but 
only have been added afterwards, from a consideration of the 
wandering propensities of the pig who succeeded to the 

The next diagram represents another form of house occa- 
sionally in use among the ancient Britons, and which is sup- 
posed to have been derived from the Gauls who lived in 
France. It is larger and more commodious than the others, 
being two stories high ; but it is only of wood, and the roof is 
thatched. The gentleman in front of it, who appears to be 
labouring under some excitement, seems from his costume to 
be a Romanized Briton ; that is, a Briton who lived in this 
country after its conquest by the Romans, and who adopted 
their more civilized mode of dress. 

If we can suppose ourselves to be now peeping inside one of 
these huts, we shall observe that some of the seats placed 
there rather resemble our modern chairs, while others are 
composed only of a block of wood. On looking round the 
room, we perceive the arms of the family ranged along the 
wall. There are, however, no beds to be seen, and on inquiry 
we are told that the family sleep on the floor, and use shaggy 
skins for their bedding.* The inhabitants of these not very 
luxurious dwellings had, however, one advantage over us of 
the present civilized age. They very easily changed their 
quarters, without giving any notice to quit, whenever they 
wished to leave ; being generally instigated to take this 
step either by the hopes of plunder, or the fear of being 

* " Pictorial History of England," vol. i., p. 125. 


attacked by an enemy. The furniture which they had to 
move was not very extensive or very cumbrous ; and probably 
the whole of the wardrobe, including that of the ladies also, 
was easily carried on the husband's back, as were the child- 
ren too. 

The domestic cattle were kept in enclosures near the village, 
to protect them from the wolves. The ancient Britons eat 
meat which they obtained principally by hunting. Some have 
supposed that they ate this raw. Both the woods and the 
plains were well stocked with game ; and there were neither 
preserves nor game laws to interfere with their sport. Roots 
and leaves found in the woods they also eat, and they made 
curds of milk. With regard to domestic poultry, as already 
observed, their religion forbade them to eat of either chickens 
or geese. Hares were also forbidden. Fish, too, they never 
used to eat, although their seas and rivers abounded with 

Those of the ancient Britons who lived in the north of the 
island, were the rudest in their modes of life, and were the 
most deficient in general information, probably from having 
less intercourse with strangers than those in the south. The 
former never sowed their land, but lived upon the produce of 
their flocks, and the spoils of the chase. The boundaries of 
the different lands and pasturage of the ancient Britons were 
marked out by large, upright, single stones, numbers of which 
are still to be found in some parts of the country, and are 
called hare stones. Of gardening it is supposed that many of 
the ancient Britons were entirely ignorant. The Normans, 
indeed, it is believed, first taught the Britons the art of garden- 
ing, and also how to plant orchards. 

The British towns, or rather villages of this period, were 
very unlike any at present in this country, consisting only of 
a confused parcel of huts placed at a little distance from each 
other, without any order or distinction of streets, as you see in 
the diagram. They generally, as in the drawing before us, 
stood in the middle of a thick wood or marsh, approached by a 
labyrinth, the avenues of which were defended by slight 


ramparts of earth,* or by the trees which were felled to clear 
the ground. The Britons had no notion of joining their 
houses in streets, each being built at some distance from the 
other, and generally on the banks of a river in order to obtain 
water, or in woods that supplied forage for their cattle. The 
most convenient place was taken by the prince, the dwellings 
of his subjects and the stalls for their herds being erected 
round him, whilst a ditch and a mound of earth enclosed the 
whole.t The latter was made of mud or felled trees, or pro- 
bably of both materials mixed. Caesar highly complimented 
the Britons on the skill which they displayed in the fortifica- 
tion of many of their towns. Indeed, these rude people were 
remarked to be not only very quick in apprehension, but to 
possess also considerable penetration. 

Among the Gauls who lived in France, and many of whose 
habits closely corresponded with those of the ancient Britons, 
Caesar tells us that husbands had the power of life and death 
over their wives and children. At the death of a nobleman, 
if there was any suspicion against his wives, they were put to 
the torture as slaves. If they were thought guilty, after cruel 
torments they were burnt to death. 

The courage of the ancient Britons is said to have been 
very great, and astonished even the mighty Caesar himself ; 
who tells us that they fought for the most part in chariots 
made, some of wood, others of wicker work with wooden 
wheels, and which were armed with a sort of scythe project- 
ing from the side, and whence, furiously driving among 
their enemies, they hurled their darts. You may see a repre- 
sentation of a British war chariot in another diagram. The 
following is Caesar's account of the manner in which the 
ancient Britons, our valiant ancestors, carried on warfare in 
their chariots, as taken verbatim from his description of 
them : 

" Their mode of fighting with their chariots is this : Firstly, 

* "Pictorial History of England," vol. i, p. 33. 
f Thompson's " Illustrations of Great Britain," vol. ii., p. 81. 


they drive about in all directions, and throw their weapons, 
and generally break the ranks of the enemy with the very 
dread of their horses and the noise of their wheels ; and when 
they have worked themselves in between the troops of horse, 
leap from their chariots and engage on foot. The charioteers 
in the meantime withdraw some little distance from the 
battle, and so place themselves with the chariots that, if their 
masters are overpowered by the number of the enemy, they 
may have a ready retreat to their own troops. Thus they 
display in battle the speed of horse, together with the 
firmness of infantry ; and by daily practice and exercise 
attain to such expertness that they are accustomed, even on a 
declining and steep place, to slack their horses at full speed, 
and manage and turn them in an instant, and run along the 
pole, and stand on the yoke, and thence betake themselves 
with the greatest celerity to their chariots again." * In the 
drawing last alluded to will be also observed some devices 
and shields of wicker-work in use among the ancient 
Britons. Representations of rings and drinking vessels will be 
seen as well, as also of axe-heads, and the rings of bronze, 
gold, silver, and iron, which passed current for money. Speci- 
mens of this coin have been occasionally dug up. Some- 
times, as you will perceive in the diagram, the form is that of 
a complete ring, in other instances that of a wire or bar 
merely bent till the two extremities are brought near to each 
other. In some cases the extremities are armed with flattened 
knobs, in others they are rounded out into cup-like hollows' 
It is to be observed that in the ancient fresco paintings in 
the tombs of Egypt, coins of this description are represented 
as in use. Other British coins were stamped with figures of 
oxen, horses, hogs, and sheep, and sometimes a head on the 
reverse side. It has been conjectured that particular coins 
served to purchase the particular animals whose effigies they 
bore.t Indeed, cattle were first of all used as the commodi- 
ties for effecting exchanges, hence, in Latin, the words pecus 

* Commentaries, book IV., chap, xxxiii. 
f "Pictorial History of England," vol. i., pp. no, in, 114. 


and pecunia, cattle and money, are very nearly the same. The 
swords and dirks of the ancient Britons were probably made 
of copper, occasionally mixed with a little tin to prevent them 
from bending. Heavy black stones, in which a handle was 
made to fit, served them for maces and battle-axes * When 
the ancient Britons had to deal with foes on horseback, they 
left their chariots to fight on foot. It is recorded by one 
historian that the object which caused the greatest terror to 
the Britons during Caesar's invasion, and to which he mainly 
owed his success, was the sight of an elephant armed with 
scales of polished steel, and carrying on his back a turret 
filled with armed men. 

Some very wise persons have tried to make us believe, 
owing to the occurrence in Caesar's Commentaries of the 
words positis speculis, in reference to his invasion of Britain, 
that the Romans actually brought telescopes with them in 
order that they might have a look at our primitive fore- 
fathers before they engaged with them in close combat But 
the real meaning of the words, no doubt, is that they placed 
sentinels to be on the look-out.f Caesar tells us, in his Com- 
mentaries, that the Britons were getting in their corn harvest 
when he landed with his legions ; and that an attempt being 
made by the invaders to carry off the corn, a desperate battle 

The diagram already alluded to, as containing a representa- 
tion of an ancient British village, is intended to represent a 
scene such as might have been afforded in this country at the 
period of which I am now speaking. Vast forests, principally 
of oak, some of these trees of great age, were then spread over 
the land. These immense woods were, however, not merely 
the abode and the place of refuge of wolves, and bears, and deer, 
and other wild animals, but all those persons who had com- 
mitted any great crime fled to them for protection, and as a 
place where no one dared to follow them. And there those 
desperate characters lived by robbing travellers, and all who 

* " Pictorial History of England," vol. i., p. 36. 
t Selden's " Table-Talk," p. 103.^ 


afforded any prospect of plunder. Even persons who had 
once possessed vast estates, but who had forfeited them for 
some offence against the Government, occasionally took to the 
forest as their residence.* 

In the foreground of the diagram, you will observe a crom- 
lech, being a flat stone supported in a horizontal position upon 
others set perpendicularly in the earth, which formed an altar 
on which the Druidical sacrifices were offered up, and on. 
which the sacred fire kept burning. The name " cromlech " 
is said to signify a stone for bowing to or worshipping. In 
the valley a large pool of water stands half choked up with 
weeds, but which has since been drained, and now forms 
fertile meadow land, with a river winding through it. A 
Druidical temple may be observed on the edge of the pool ; 
and on the hill beyond it, which is covered with dense wood 
except the summit, are three large wicker figures, in which 
the people congregated around them are about to burn their 
victims in sacrifice. One of these idols is beginning to blaze. 

We may calculate to some extent how very different would 
be the general aspect of this country at that period, at any 
given point, from what it now presents as regards its leading 
landscape features. That mildness, and richness, and appear- 
ance of fertility, which are so characteristic of English scenery 
in the present day, were not then exhibited ; but, on the 
contrary, all was wild, and rugged, and without cultivation. 
There were then no enclosures as at present, which certainly, 
however, do not contribute to the beauty of a landscape ; and 
the gently sloping hills which are now streaked with hedge- 
rows, and covered with verdure or plots of corn, would then 
be clothed for the most part in dense woods. The valleys, 
through which gentle rivers are now winding, were then most 
of them swamps or morasses, the haunts of numerous wild- 
fowl, which took shelter and made their nests among the reeds 
and osiers, and at times filled the air with their cries ; while 
the forests abounded with deer and other animals of the 
chase, and also with foxes and wolves, and even bears. Per- 

* " Companion to Charnwood Fort," page i. 


haps the fairest and most agreeable notion of the scenery 
presented in this country at the time of which I am now 
speaking, is afforded by some of the wildest spots in the 
forests and chases and parks here and there still to be met 
with, where the venerable and wide-spreading oaks have been 
allowed to arrive at their full maturity and majesty, and the 
woods possess all the richness and luxuriance which they 
exhibit in a state of nature, with the fern, and heather, and 
wild flowers springing up around ; while rocky streams flow 
in their course through the landscape, and herds of deer 
wander as in a state of nature over the vast tracts of green 
turf, unrestrained by enclosures, and as though the hand 
of man had never interfered to alter the original character 
of the country. 

I will also venture an opinion that the best representatives 
at the present day of our early British forefathers, are the 
North American Indians, who doubtless very much resemble 
them in their mode of life and the costume which they 
assume, as also in their wild predatory habits, and their 
pursuit and manner of living upon different animals of the 
chase. The rude country, too, which they inhabit, greatly 
resembles that of England at the time of which I am speak- 
ing ; and the dense and wide-spread forests through which they 
roam correspond closely with those which covered the face of 
this country during the period of the ancient Britons. The 
temperature and the climate, and also the natural productions 
of the country, in both cases much resemble each other ; and 
their condition in civilization being about upon a par, the 
resemblance between the two races is drawn still nearer 

In the times of the ancient Britons but few cattle were to 
be seen in the pastures, as T the greater portion of those kept 
for domestic use would be in the enclosures near the villages, 
where they could be protected from the attacks of wild 

With respect to the different trades and handiworks in 
which our primitive forefathers the ancient Britons excelled, 


that of basket-making, or wicker-work, has been particularly 
alluded to by some of the ancient writers. They also used 
wicker-work in the construction of their smaller boats. Their 
shields, too, were constructed of wicker-work, as I have 
already told you ; and so greatly did they excel in this manu- 
facture, that their baskets were carried to Rome, and con- 
sidered to be great curiosities. 

The ancient Britons appear also to have possessed some 
skill in the manufacture of earthenware articles. Funeral urns, 
drinking cups, most frequently found with skeletons, and 
placed at the head and feet, and incense cups, which are 
supposed to have been suspended over the funeral pile, have 
been discovered among the ancient British remains. They 
also possessed some knowledge of the art of working in 
metals ; and moulds for spear, arrow, and axe heads have 
been frequently discovered. With the art of dyeing cloth 
they were also familiar. 

The southern part of this island was, according to tradi- 
tion, in the British times crossed in various directions by four 
great highways, many parts of which are still to be traced, 
and are known by the names of the Fosse, the Watling Street, 
Ermine Street, and the Ichenild.* At any rate, lines of 
communication in these several directions were made by the 
Britons ; but it was probably by the Romans that they were 
transformed into regular and firm roads, as they were also by 
them levelled, straightened, and paved, so as to adapt them 
not only for the ordinary purposes of pedestrian and carriage 
communication, but also for the movement of large bodies of 
infantry and cavalry in all weathers and in all seasons.f The 
distances from station to station along the Roman roads 
were marked in Roman miles, and they were indicated on the 
actual road by milestones regularly placed along the line. 
Of these, the famous London Stone, still to be seen against 
the south wall of St. Swithin's Church, in Cannon Street, is 
supposed to have been the first, or that from which the others 

* " Pictorial History of England," vol. i., p. 109. 


were numbered along the principal roads, which appear to 
have proceeded from this point as from a centre.* 

When the Romans obtained possession of this island they 
compelled the natives to work in clearing away the roads and 
draining the marshes, as also in the construction or comple- 
tion of the roads. This occupation was found too fatiguing 
for the Roman soldiers, and we are told that as many as 
50,000 of them died in consequence. Criminals, too, were 
employed in labour of this kind, as also in the mines. Arti- 
ficial canals as well as roads ar supposed to have been 
constructed in this country by the Romans. 

Money of a certain description, and a very rude character, 
appears to have been in use among the ancient Britons. At 
first they seem to have used pieces of bronze or iron of a 
certain fixed weight. Afterwards these coins were, as already 
mentioned, stamped with the figures of 'horses, oxen, hogs, 
and sheep ; and some had a head, apparently that of a king, 
on the other side. In course of time, however, as we have 
seen, gold and silver were introduced as current money. The 
commercial dealings of our primitive ancestors were not, 
however, at the time of which we speak, very extensive or 
very complicated. Probably, like the coin itself, they were 
rude and simple ; and if they enjoyed but few of the comforts 
of civilized life, we have the satisfaction of reflecting that, on 
the other hand, they escaped most of its cares. 

Some of the early inhabitants of this island appear, how- 
ever, to have carried on an extensive traffic with foreigners. 
And it has even been conjectured that Britain was visited on 
account of its mines by merchants from Tyre and Sidon. 
Tin, which was very early discovered in Cornwall, is supposed 
to have been used in dyeing cloth for which Tyre was particu- 
larly famous. It was also said that the people of the Land's 
End, in Cornwall, were much more civilized than the rest of 
their countrymen on account of their frequent intercourse 
with foreign traders. Gold, silver, and iron, and also corn, 

* '' Pictorial History of England," vol. i., p. no. 


cattle, and skins, are described among the articles early 
exported from this country.* 

The British dogs were very famous, alike for their size, 
courage, strength, fleetness, and scent. Slaves were also ob- 
tained from Britain as they now are from Africa. British 
horses were highly esteemed by the Romans both for their 
beauty and their training. Pearls, too, were very^ early pro- 
duced in Britain, the colour of which is, however, said to have 
been dusky and livid ; but this has been attributed to the 
unskilfulness of the gatherers, who did not take the fish alive 
from the rocks, but merely collected them as the sea threw 
them up when they were dead. These pearls very early 
acquired celebrity, and it has even been reported that 
Julius Caesar was mainly led to invade this island from the 
hope of enriching himself with its pearls. He was probably 
aware also of the lead and tin with which the mines of this 
country abounded, f British oysters as well as British pearls 
were much prized by the Romans. 

After the Romans had established themselves in Britain, it 
is probable that the commerce with this country was much 
extended, and that the Roman ships, which were larger and 
more commodious than the British, were employed for this 
purpose. The Roman coinage became also current in this 
country, and accordingly numbers of Roman coins are con- 
tinually discovered even at this day. Gardening is said to 
have been introduced into this country by the Romans, as 
also the cultivation of the vine. The Romans, moreover, 
paid great attention to the working of the mines, and brought 
additional skill and labour to be so employed. The Roman 
conquerors of this island did much in many other respects for 
its improvement and civilization. They introduced many 
wholesome laws and customs, taught the natives the con- 
veniences of life, and instructed them in art, literature, and 

* " Pictorial History of England," vol. i., chap. 4. 
t Ibid., vol. i., pp. 26, 106. 
J Ibid., vol. i., pp. 114, 117. 


science. Indeed, the country assumed a new face under the 
Romans, and looked as if the light of a new and brighter 
day had been let in upon it Cultivation of the land was 
improved and extended. Forests were cleared away, and 
with this the beasts of prey which inhabited them were hunted 
down. Roads to different parts of the country were con- 
structed, and in the place of the rude piles of huts, houses 
and towns were erected in various parts of the kingdom.* 
The Romans retained their sway in this country for nearly 
400 years. 

Many of the cities built by the Romans in this country 
have since been wasted and become desolate. Silchester is 
one of these. Corn-fields and pastures cover the spot once 
adorned with public and private buildings, which are now 
wholly destroyed.! 

It has been remarked that there is no reason to suppose 
that, but for the subjugation of this country by the arms of 
Rome, the ancient Britons would have attained a condition 
much superior to that of their contemporaries inhabiting the 
forests of Germany or Scandinavia. 

Some of the generals sent over from Rome to govern this 
country assumed the title of Emperors of Britain,^ which has 
been held by several of its sovereigns, and is in reality older 
than that of the title of king. Like some modern emperors, 
however, these ancient rulers of ours do not appear to have 
held their sway by a very firm tenure. On Caesar com- 
plaining of a king of Gaul whose sovereign acts did not 
quite satisfy the Roman emperor, the king in question justi- 
fied himself by asserting that it was not he who ruled his 

* " Pictorial History of England," vol. i., p. 137. 

t Palgrave's " History of the Anglo-Saxons." 

I " Pictorial History of England," vol. i., pp. 53, 55, 144, 173. 

These lines were written and this paper was read some weeks before 
the debate in Parliament occurred on the subject of her Majesty assuming 
the title of Empress of India, during which objection was taken to the 
title of empress as a novelty, and altogether unknown to this country, and 
as "un-English." 


subjects, but his subjects who ruled him,* and that he had to 
obey them instead of their obeying him. Probably the case 
of this monarch was not a very rare one. 

When Caesar invaded this country he found the general 
intellectual instruction of the nation carried on by an order 
of persons called Druids, who constituted a body of national 
functionaries entrusted with the superintendence over all the 
departments of learning. They were not merely their theo- 
logians and priests, but also their lawyers, who administered 
justice and inflicted punishment ; their teachers of youth, 
their moral and natural philosophers, their astronomers, their 
mathematicians, their architects, their musicians, their poets 
and probably also their only historians, f The Druids are 
said, indeed, to have been acquainted with the magnet and the 
compass. J They also instructed their scholars respecting the 
heavenly bodies and their motions. Caesar remarked that 
the institution of Druidism was supposed to come originally 
from Britain, whence it passed into Gaul. It is believed, 
indeed, that there were Druids remarkable for their learning 
before the time of Pythagoras, who died about 497 years 
before the Christian era. And it is asserted that even this 
faith had once purity in its principles and the true God for 
its author, since it must have first been derived from Gomer, 
the eldest son of Japheth, and grandson of Noah, who is said 
to be the ancestor of the Gauls, Britons, and all the Celtic 

There were also Druidesses, or female Druids, who pro- 
fessed to work miracles, predict prophecies, cure diseases, and 
raise storms. They moreover pretended to convert them- 
selves into different kinds of animals. They had white hair, 
and like the Druids wore a sort of official costume on all 
public occasions. 

The Druids always communicated their instructions by word 

* " Pictorial History of England," vol. i., p. 82. 

t Ibid., vol. i., pp. 59, 119. 

J Thompson's " Illustrations of Great Britain," vol. ii., p. 230. 
Ibid., vol. i. p. 23, 


of mouth, though Caesar says that they were acquainted with 
letters, and used them on all common occasions. One 
division of their body was called bards, who celebrated in 
verse the praises of the gods and heroes of the nation. Of 
this order of men I shall presently speak more particularly. 
The Druids ascribed important healing virtues to many herbs ; 
but they held that everything depended upon the cere- 
monial with which they were gathered, the regulations re- 
specting which were very minute. 

Caesar in his Commentaries, * from which I have several 
times quoted, has left us an account of the superstitious rites 
and religious sacrifices performed by the Druids. At these 
sacrifices, one authority tells us, they were so strict in 
observing silence, that such as were found talking during the 
ceremony after being three times warned had part of their 
robes cut off, and were afterwards proceeded against with the 
greatest rigour ; such as came last were cut to pieces. To be 
forbidden to come to these sacrifices was the severest punish- 
ment known to the Gauls, and such persons could neither 
have recourse to the law for justice, nor hold any public ofnce.t 
Human victims were sometimes crucified in the sacred groves. 
They were also offered up by the Druids in order to appease 
the supposed anger of their deities. | Figures of straw and 
of wicker-work of immense size, which have already been 
alluded to, were constructed, which, being filled with living 
men, were set fire to. Persons guilty of theft, robbery, or 
other crimes, were thus punished, by which it was supposed 
an atonement was made. Cattle as well as men were some- 
times thus roasted together alive. 

The oak was the tree which was principally venerated by 
the Druids, and they chose groves of oak for their residence 
and performed no sacred rites without the leaf of that tree. 
Indeed, the Supreme Being was worshipped by them under the 

* Book VI., chap. xvi. 

t Thompson's "Illustrations of Great Britain," vol. i., p. 18. 

+ " Pictorial History of England/' vol. i., p. 63. 

Ibid., p. 61. 


form of an oak. The Druids were accustomed to fix upon the 
finest tree they could discover, and having cut off its side 
branches, they joined two of them to the highest part of the 
trunk, so that they extended like the arms of a man.* The 
youths of noble families thronged to them for instruction in 
the depths of the forests or in gloomy caves. Little more 
than a century ago ancient oaks were still standing around 
some of the circles of stones set upright in the earth, which 
are supposed to have been Druidical temples.f In the centre 
of these was a flat stone, still called a cromlech, which was 
used as an altar. Of such there are several remains in dif- 
ferent parts of the country. The oaks were very thickly 
planted, and were watered by a dark stream or fountain, which 
was held sacred.J 

There , are also a great many remains of Druidical 
temples in England, and in Brittany in France, where 
Druidism at one time prevailed. The most remarkable 
and extensive Druidical temple in England is that of 
Stonehenge, near Salisbury, of which you have a repre- 
sentation in the diagram. This building consists, as you 
will perceive, of a number of very large oblong stones placed 
upright, with others of the same size laid across them. The 
building itself was of a circular form. In one drawing of it, 
supposed to represent it in its early state, the stones appear all 
of them quite smooth, and the building itself is perfectly 
regular. The stones now, however, are very rough, and the 
building, from several of the stones having been taken away, 
is quite irregular. Indeed, its originally circular form would 
at present hardly be perceived. 

The next of the diagrams represents Stonehenge as it 
appeared when a grand religious festival, accompanied by a 
sacrifice of human beings, was being celebrated there at the 
time to which I have alluded. The figures of wicker-work are 
blazing away with the victims. A long procession of priests 

* Thompson's "Illustrations of Great Britain," vol. i. p. 12. 
t /&'</., p. 61. 
J I6ut.,p. 15. 


and priestesses clothed in white is approaching the temple, 
about which crowds of people are also collected, several of 
them in attitudes of adoration. Two altars are blazing in the 
immediate foreground, near each of which priests are kneeling ; 
a grove of oaks appears to surround these altars. To the left 
of the picture some persons are seen bringing an ox which 
is about to be offered in sacrifice. 

There is still considerable uncertainty as to the object of 
Stonehenge, and even respecting the time of its being erected ; 
though the most probable and the best supported conjecture 
seems to me to be that it was a temple erected for religious 
purposes under the direction of the Druids. The earliest 
published notice of Stonehenge occurs in the writings of one 
Nennius, who lived in the ninth century. He gives an account 
of the murder of 460 British nobles at a conference between 
King Vortigern and Hengist, in the latter part of the fifth 
century, at or near the spot on which Stonehenge is situated ; 
and he attributes the erection of the monument to the surviving 
Britons, who thus endeavoured to perpetuate the memory of 
that tragical event. Geoffrey of Monmouth, who wrote in the 
twelfth century, gives the same account of its origin, but he 
mentions a most extraordinary legend respecting it, which is 
that supernatural agency was employed to remove the stones 
from Kildare, in Ireland, and place them upright on Salisbury 
Plain ; and he adds that they had been in the first instance 
conveyed to Ireland from Africa. Inigo Jones, the famous 
architect who lived in the time of James the First, thought 
that Stonehenge was a Roman temple. One writer endea- 
voured to show that Stonehenge was not only erected before 
the deluge, but that Adam himself actually superintended its 
construction ; and he goes on to argue that the present dilapi- 
dated condition of it must have been produced by the flood. 
As, however, I have already said, the best arguments lead to 
the conclusion that it was certainly a Druidical temple. And 
one writer has urged that this is evident from the language in 
which it was described, and the great veneration in which it 
was held, by the primitive bards, those immediate descendants 


and avowed disciples of the British Druids. Nevertheless the 
conclusion that Stonehenge was a Druidical temple has been 
strongly opposed, and forcible arguments have been put for- 
ward against this supposition. It is said by one eminent 
writer (Rickman) that Stonehenge stands on the Roman 
road, and therefore must have been erected subsequently to 
the construction of this road, and long after the times of the 
Druids. On the other hand, if this temple lay in the direct 
line of the Roman road, they would not have diverged the road 
to avoid Stonehenge further than was absolutely necessary, 
and might have carried it close by. Possibly, indeed, the road 
in question was originally British, made in the time of the 
Druids, and afterwards, as was sometimes the case, adopted 
and completed by the Romans. And we may suppose that 
to a temple of such importance the ancient Britons would 
construct a main road. These objections do not, therefore, 
appear by any means conclusive against Stonehenge being a 
Druidical temple. It may indeed be regarded as a proof of 
the restoration of Druidism in this country after the Romans 
left it, and have been erected at this period. And there is no 
doubt that when the Saxons came many years afterwards, 
Druidism was the general religion of the people. 

I some time ago visited what is considered to be a very 
perfect Druidical temple, standing near Saumur, in France, of 
which you have a view, etched from a rough sketch that I 
made on the spot. This building is not nearly so large as 
Stonehenge, and the form of it is oblong instead of round. It 
is of about the dimensions of a moderate-sized waggon hovel, 
and is closely walled in at the sides, as well as covered over at 
the top with large stones, which is the more remarkable as 
some writers have asserted that " the Druids were of opinion 
that it was derogatory to the sublimity and immensity of the 
divine essence to confine their adoration within walls and 
under roofs, on which account their temples were left open at 
the top ; and they had no other enclosure on the sides than 
large broad pillars of unhewed stone, arranged ovally or cir- 


cularly, with a considerable space between each." * I am 
inclined myself, therefore, to conjecture that this building was 
in reality not a Druidical temple, but a Druidical altar of 
stupendous size. It is, I am sorry to say, now used as a barn, 
from which degradation I hope the French Government may 
be disposed to rescue it, and to preserve to posterity so interest- 
ing a relic. 

Near Dol, in Brittany, is a large upright stone of the shape 
of an almond, which is supposed to mark the burial-place of 
some person of note among the Druids, and which I also 
visited some years ago. It is now surmounted by a crucifix. 
The height of it is thirty feet. Of this also I made a sketch, 
an etching taken from which is before you. 

The Druidical remains in various parts of Brittany, which 
I have several times visited, are indeed very extensive and 
very interesting. On the plains of Carnac, which are near the 
coast, stand the relics of a Druidical temple of vast struc- 
ture, extending, indeed, some miles in length, which consisted 
merely of large, rude, unhewn oblong stones, placed upright 
in rows. Many of these have been removed and used for 
building purposes, which of course occasions great dilapida- 
tions in the original structure. The stones are not nearly so 
large as those at Stonehenge, nor are they placed one over 
the other. They do not appear to be standing in any order, 
though in some positions you may perceive that they are 
arranged in lines, which are, however, very much broken. 
At Plouharnel, which is near Carnac, there are some very fine 
cromlechs ; they are of great extent, and are entered by deep 
passages. The earth is so heaped round them as to render 
them now subterraneous. They are very perfect, but not so 
large as that near Saumur. Near the great Druidical temple 
which commences at Carnac is a very large stone, nearly 
round, in which are cut three large indentations,. each of the 
shape and size of the body of a man, where it is supposed 
that the victims to be offered in sacrifice were placed ; and 

* Lord Lyttelton's " History of England,'' p. 13. 


there are channels cut in the stone in the parts where the 
necks would fit in, for the blood to flow down. 

There are some very large cromlechs at Loch Maria Ker, 
which is also on the coast of Brittany, about eight miles 
from Carnac, and the stones placed horizontally over them 
are of enormous size. Two of them are, however, broken 
quite in two, but it is difficult to decide what force could have 
effected this. Had it been caused by lightning, probably the 
whole stone would have been shattered to atoms. On one 
of the upright stones supporting the large horizontal one I 
observed some curious waving lines carved, though almost 
obscured by the lichens which cover it. I afterwards pro- 
ceeded by boat to explore the island of Gavr Innis. It is 
surrounded by strong currents, as also by a vigorous whirl- 
pool, so that navigation there is somewhat difficult and 
dangerous, and landing not always to be accomplished. 
The superstitious still attribute these extraordinary com- 
motions in the sea round the island to the influence of 
demons. This little island is very rugged and barren, and 
at a corner of it is a large tumulus of pieces of rock and 
earth, nearly overgrown by furze bushes. On one side of the 
tumulus is a small square opening, and you have to proceed 
on your hands and knees through the entrance to the cave, 
which gets wider as you proceed, and which consists of a 
very large cromlech, extending underneath the tumulus, of 
which you have a representation in the diagram. It is neces- 
sary to use candles to explore the interior, the chamber of 
which is spacious enough to enable any one to stand upright. 
On some of the side stones supporting those covering the 
cromlech, I found some curious carvings, which were no 
doubt made by the Druids. They consist of long waving 
lines, but what they are intended to represent whether ser- 
pents, or human figures, or Druidical temples it is impos- 
sible to determine. Some of the devices appear to be meant 
either for arrow-heads or human figures. I made several 
sketches from them, hoping to meet with an interpreter to 
these mysterious signs. There are two round holes pierced 


through one of the stones, which are supposed to have served 
for tying victims there. 

Druidism appears to have been established in Scotland as 
well as in England, and several popular customs and super- 
stitions still survive there, as also in England, which were de- 
rived from that religion. The Druidical remains in that part 
of our island are very numerous. In Ireland it continued to 
flourish until the middle of the fifth century. A temple to 
Minerva formerly existed in Bath. In London one to Diana 
is said to have occupied the very spot where St Paul's now 
stands. In each country Christianity was the means of 
extinguishing Druidism ; and in Ireland we are told that 
St. Patrick was mainly instrumental in its extirpation. But 
even now, in this country, some of the practices of that super- 
stition are kept alive in our popular sports and pastimes. 
The ceremonies of Allhallow Mass, the bonfires of May-day 
and Midsummer Eve, the virtues attributed to the mistletoe, 
and various other customs of the villages and country parts 
of England, Scotland, and Ireland, serve to remind us of the 
days of Druidism.* 

The order of bards has already been alluded to. I will 
now give you some particulars respecting them. The bards 
of Gaul and Britain were for a considerable time their only 
historians, who noted down and recorded all the events of 
importance which took place ; though I expect that, like some 
modern historians, they were occasionally a little addicted to 
the exaggeration and embellishment of their narrative. Most 
of their works are written in a sort of rhyme, and no doubt the 
information which they contain is on the whole of great value. 
One of these bards, by name Merlinus Ambrosius, who lived 
about the year 480, is said to have foretold the arrival and 
conquests of the Saxons. The brief sketch that is preserved 
of his biography will serve to show you how fond these 
good people were of the marvellous. The bard in question is 
stated to have been the son of a nun called Matilda, and his 

* " Pictorial History of England," vol. i. 


father a supernatural being ; and it is asserted that he at last 
fell into a magic slumber.* 

The court bard of those times was a domestic officer, and 
occupied the eighth place in the Prince's court. He held his 
land free, and the Prince had to allow him a horse and a 
woollen robe, and the Queen a linen garment. If the Queen 
desired a song, the bard was to attend in her chamber. When 
he accompanied the Prince's domestic servants upon a foray 
or plundering expedition, he was to have an ox or a cow 
given to him from the booty ; and while the prey was 
dividing he was to sing the praises of the British monarchy. 

Reference has been made to the Steward or Disdain of the 
court. His office was to provide food and drink, and also to 
be master of the ceremonies and taster. One of his claims 
was as much plain ale from every cask as he could reach with 
his whole middle finger immersed ; spiced ale with the second 
joint of the same ; and mead to the first joint. The great 
falconer was limited to three draughts of strong liquor at the 
royal table, lest intoxication should lead him to forget his 
hawks. The porter was obliged to know the face of every 
person who had a right to be admitted to the royal hall, and 
he enjoyed the privilege, at each of the three great festivals, of 
drinking three horns full of a very pleasant, and, I suspect, 
pretty strong beverage, which was somewhat irreverently 
called by the name of " the twelve apostles."t 

Allusion has already been made to the manner in which the 
ancient Britons were accustomed to bury their dead, of 
which Caesar has rendered us an account. They appear to 
have observed a variety of modes in the disposition of the 
body. The earliest seems to have been to place it in a cist 
with the legs bent up towards the head. Daggers and drink- 
ing cups were placed with the corpse. Sometimes, how- 
ever, they laid it in the grave at full length, and spear- 
heads and lances and beads were deposited with it. The 

* Thompson's " Illustrations of Great Britain," vol. i., p. 18. 
f Ibid., vol. i., pp. 151, 152. 



remains of dogs and of deer have also been found with 
human bones. In other cases the body was enclosed in a 
wooden coffin, and in some instances it was burnt. In the 
latter case the ashes were frequently deposited in an urn. In 
Scotland the body was very often laid in the earth entire, and 
a loose heap of stones raised over the spot. * 

Although, as has been stated, the ancient Britons carried 
on commercial traffic with the people of other countries, it 
does not appear that they were masters of any other navi- 
gating vessels than open boats, and it is doubted whether 
even these were furnished with sails. Their common 
boat appears to have been what is still called the Carrach by 
the Irish, and the Coracle by the Welsh, formed of osier 
twigs covered with hide. Another kind of British boat seems 
to have been made out of a single tree, like the Indian canoes. 
Several of these have been discovered at different times, some 
in the marshes of the river Medway. One was seven feet 
long, and the paddle was near it. Another of them was so 
well preserved as to be used for a boat for some time after- 
wards.t No vessels, however, which could deserve to be 
called ships of war appear to have been possessed by the 
ancient Britons. The first voyage of discovery round Great 
Britain, when the fact of its being an island was established, 
was made about the year 84, by command of one of the 
Roman generals.^ But it was not until long afterwards, 
until the reign of Alfred the Great, towards the end of the 
ninth century, that ships of war were built in England, and it 
has been doubted if they had even any trading vessels before 
that time. To Alfred England may be said to owe the 
foundation of her navy. It was in the year 887, in the sixth 
year of his reign, that he fitted out his first ships. Twenty 
years later he built a much larger fleet. Some of his ships 
had sixty oars, others even more.|| And in order to encourage 
voyages by sea, a law was some years afterwards made in this 

* " Pictorial History of England," vol. i., p. 132. f Ibid., vol. i., p. 102. 
J Ibid., vol. i., p. 46. Ibid., vol. i. || Ibid., vol. i., p. 267. 


country that every merchant who should have made three 
voyages over the sea with a ship and cargo of his own should 
have the rank of a thane or nobleman. It will be recollected 
that Dr. Southey, in his " Lives of the British Admirals," places 
King Alfred at the head of them ; and his illustrious de- 
scendant, our own Prince Alfred, has adopted the navy 
as his profession. Sandwich is supposed to have been 
the first British port used for shipbuilding.* King Edgar, 
who reigned about the year 957, is said to have fitted out, 
great and small, as many as 4,000 ships. Some have even 
raised the number to 4,800. This fleet was distributed 
in all the ports of the kingdom, and cruising incessantly 
round the island, kept the pirates at a distance, and also pre- 
vented invasions. With regard to pirates, at this period of 
our history piracy was the common resource of the younger 
sons of all the best families in Denmark, Sweden, and 
Norway ; and the sea was regarded as a field upon which a 
bold adventurer might reap for himself both fame and fortune. 
The coasts of England, Scotland, and Ireland were the chief 
scenes of their ravages ; and by these bold sea-captains and 
their crews a great part of England was taken possession of 
after the Romans had abandoned it. 

Here we must for the present take leave of this interesting 
subject, having now passed through the darkest period of Eng- 
land's history, when the gloom of barbarism hung over the land, 
and dense clouds of superstition enveloped it all around. 
Dismal indeed was the prospect which this country presented, 
and widely contrasting with anything that now appears. These 
people, however much they may differ from us in habit, 
manners, and all other respects, were, nevertheless, our fore- 
fathers. The same blood which animated them flows in our 
veins, intermixed more or less with that of the successive 
nations who have invaded this land. Their nature, wild 
as that nature was, is the same as ours, but by civiliza- 
tion it has become tamed and humanized. Their rude 

* Thompson's " Illustrations of Great Britain," vol. ii., p. 229. 


capacities have been developed by cultivation. Lawless 
passions have been subdued, generous emotions encouraged, 
rude virtues matured. Had they lived in our times, they 
would have been as civilized as the people of the present 
century. Had we lived in their day, we must equally with 
them have been the victims of, and in all probability the par- 
ticipators in, their appalling superstitions. However we may 
contemn them, they were only wild Englishmen after all. 
We ourselves are but Britons who have been tamed. 





" GENERALIZATIONS drawn from particulars are the jewels of 
knowledge, comprehending great store in a little room," says 
the immortal Locke. The more I see of our learned societies, 
the more I study the curricula of our different schools and 
educational establishments, the more thoroughly am I con- 
vinced that we persistently neglect the study of general 
history from a higher and a philosophical point of view ; in 
fact, we appear scarcely to have attained the faculty to distin- 
guish between geography, archaeology, genealogy, biography, 
ethnology, chronicles, heraldry, statistical reports, numismatics, 
and extracts from registers. We call everything that has 
happened history, and consider an old civic record, as devoid 
of influence on the destinies of humanity as the name, age, 
occupation, and domestic relations of one of the mummies 
under a glass case in our British Museum, an historical docu- 
ment of value. We are apt to confuse the task of the 
antiquary or of a contributor to Notes and Queries with 
that of the historian. 

The historian undoubtedly requires details, and cannot do 
without them. But not every collection of details is history 
in a higher sense. Conscientious " archive-copyists " abound 
among us to an overwhelming extent. All is historical de- 
tail ; there are heaps of historical materials, not yet arranged 
into a systematic and organic building. Bricks and stones, 
iron girders, cross-beams, cornices, pillars, consoles and 
chimney-pots are plentiful. But the architects are rare, and 
it cannot be detrimental to our Society and its future destiny 


to devote ourselves, at least sometimes, to the constructive 
duties of philosophical historians, trying to trace laws in 
isolated historical phenomena, and thus using the mass of 
detailed antiquarian material for some higher purpose. 

I am the last to look down upon those who toil in record 
offices or copy old documents ; but I certainly could wish 
them to refrain from decrying those who devote themselves 
to the building up of theories to further the progressive intel- 
lectual development of humanity. 

Universal history is with us still in its infancy, though we 
were the first to teach its peremptory necessity to other 
nations who have followed the hint thrown out by Boling- 
broke, and have recognised the truth " that human knowledge 
has only one store-house, history." I know that it is looked 
down upon in our universities and colleges as incapable of a 
scientific treatment. It is generally assumed that history is 
but an incomplete mass of more or less verified incidents. 
But it is history that liveson, as the only true " Logos " in the 
intellectual consciousness of humanity. As soon as education 
had been freed from the fetters of mediaeval scholasticism and 
theology, it could do no more without history in all its 
ethical, political, and artistic branches of instruction. Wher- 
ever the historical basis of tuition is neglected or ignored, real 
culture of the mind is impossible. Every historian requires 
a philosophical mental training, so as to be able to grasp 
heterogeneous facts in their inner connections, to understand 
the forces working in humanity, and to see in the variegated 
and complicated phenomena of man's actions a homogeneous 
whole. Reason and imagination are equally acted upon by 
the study of universal history ; " an historian who is without 
a philosophical and poetical mind is a poor historian," says 
W. von Humboldt. Leibnitz, in pronouncing the words " le 
present est chargt du passt et gros de Vavenir" laid down the 
principle of a new method of treating history. For history is 
the record of man's moral and intellectual deeds, done under 
certain conditions, in certain places, and at certain times, and 
these phenomena, together with the causes that produced them, 


make up history. Not every action of man, however, deserves 
to be recorded, but only such as mark the life of humanity in 
its different phases of progressive or sometimes apparently 
retrogressive development. We have special or pragmatic, 
and general or universal histories. There is as wide a differ- 
ence between an accountant and a mathematician, an herbalist 
and a botanist, a miner and a geologist, as there is between a 
biographer and an historian ; and among the latter again, 
special and general historians are to be distinguished. 

" All history," as I said in the first paper I had the pleasure 
of reading before you, " is information acquired by inquiry ; " 
but " universal history " is not contented with the informa- 
tion acquired by means of inquiry ; it has a higher aim, and 
endeavours to trace the causes of at least the most striking 
phenomena, so as to discover a certain law in the interaction 
of cause and effect in the destinies of mankind. Modern his- 
torians reject the theories of chance, predestination, or free 
will, and endeavour to prove phenomena to be the result of 
man's self-conscious or unconscious activity by means of the 
static or moral, and the dynamic or intellectual forces with 
which he is endowed, and trace the working of these forces 
according to physiological or psychological laws, or a combi- 
nation of both. 

The theory of development is altogether new in history. 
Historians were content to collect dry facts as they pre- 
sented themselves chronologically in so-called state or other 
documents ; or they taught history under the influence of 
preconceived facts, as is customary in our schools, beginning 
with Biblical traditions, treating ancient states according to 
the Book of Daniel, as did Melanchthon and Bossuet Or they 
wrote history, as Macaulay stated in his essay on " Hallam's 
Constitutional History," from a party point of view ; for 
"every political sect has its esoteric and its -exoteric school, 
its abstract doctrines for the initiated, its visible symbols, its 
imposing forms, its mythological fables for the vulgar." As 
long as history is written on such principles, we shall be 
obliged to do without general historians in the scientific sense 


of the word. The real historian has to deal above all with 
the two sides of every question ; he has to divest himself of 
his individual sympathies and antipathies. He has undoubt- 
edly to exert his individual capacity to discern right and 
wrong, truth and falsehood ; and though he cannot appeal like 
the physicist to our outward senses with mathematical preci- 
sion, he may arouse our higher reasoning and imaginative 
faculties. His success in solving this difficult problem will 
depend upon his impartiality, his unprejudiced mind, his love 
of justice, and his philosophically trained intellect, freed from 
all religious and political prejudices, so as to prevent him 
from becoming in the treatment of the past either biassed or 
one-sided. Nothing is more detrimental to history than party 
spirit ; it blinds our clear vision, deadens our faculty of hear- 
ing, and makes us unjust towards those whom we look upon as 
adversaries. This is the reason why we often treat best those 
subjects that are locally and chronologically farthest removed 
from our country and times. Scientific universal history 
becomes the more necessary the more the different special 
branches of science increase in details. History has to con- 
nect the apparently isolated facts, to trace in the discordant 
voices of generations and their complicated actions union and 
harmony ; for history is the bright genius that soars high 
above particulars ; it is the echo of man's most secret yearn- 
ings, showing in the various incidents of human life the 
common elements of a universal brotherhood. 

From the very first dawn of consciousness man tried to solve 
the phenomena surrounding him in two divergent ways, which 
up to our times have been followed by two opposed parties. 
The controversy between idealists and realists, or materialists, 
is as old as man's power of thinking. The history of man's 
intellectual development in a wider sense is but the struggle 
between the two. To trace the action and reaction of these 
two agents in human history should be both interesting and 
useful. It would be presumption on my part to attempt to 
exhaust this subject ; I intend only to draw broad outlines, to 
suggest and to excite investigation or contradiction. 


I purpose dividing my subject into a series of papers, treat- 
ing of the Historical Development of Idealism and Realism 
in four groups, Greek, Roman, Mediaeval, and Modern. 

The cosmogonies of the East and the Greeks are the foun- 
dation of all so-called science in ancient times. Man did not 
try at first to explain the origin of the universe and of himself 
from an ideal or material point of view, and least of all 
scientifically, but invoked the aid of anthropomorphic world- 
makers some kind of half-real, half-spiritual being (or 
beings), who sifted like a clever chemist the chaotically mixed 
forces and elements, and left them to struggle, to grow and 
decay according to chance. The creatures, and the earth 
which they inhabited, were realities ; the Creator and his 
working were ideal assumptions, clad in a more or less realistic 
shape. With this antagonism the combat began. The think- 
ing minds of antiquity very early opposed these assumptions ; 
they were eager to find in the chaotic phenomena of nature, 
and in man's actions, unity, order, and law. With this effort 
to trace law on one side, and to assume, on the other, an active 
band of gods and goddesses, the action and reaction in the 
spiritual destinies of mankind were set in motion. 

The Greeks were undoubtedly the first people in whom this 
struggle took an intelligible shape and form. I know that 
the Indians went through the same phases of spiritual contest. 
The Vedantic idealism engendered the Vaiseschika system of 
materialism by Kanada, and Sankhya tried to reconcile these 
antagonistic systems. But the Greeks are so much more 
approachable by us, that I hope not to be accused of a wilful 
omission in beginning with them. 

The development in all thinking nations with reference to 
this struggle has been the same, and, moreover, must be the 
same. The orthodox priesthood of Greece, representing the 
ideal element, was not less intolerant than the Brahmans of 
India or our own mediaeval Torquemadas. Thales of Miletus 
was to them an atheist. Anaxagoras was imprisoned, and 
saved his life by flight. Sokrates had to poison himself. 
Protagoras had his writings publicly burnt, and had to fly 


from his country. Aristotle had to leave Athens, to spare it 
the disgrace of again dishonouring itself by persecuting a free- 
thinker Theodorus was hated as an unbeliever, and Diogenes 
of Apollonia had to share his fate. So soon as man became 
conscious of his faculty of inquiry he used it, and used it 
either to verify the origin of all things, or to make himself 
acquainted with the working forces of nature. With the study 
of mathematics, geometry, and natural sciences, the first steps 
towards civilization commenced. The fact that this movement 
began with the Greeks in those parts of their country which 
were in a continuous intercourse with Egypt, Persia, and 
Phoenicia, proves that they received the germs of these sciences 
from those countries. The Greeks had the merit of bringing 
order, system, and intelligible form into everything they 
inherited from the East Their speculations concerning the 
universe and its connection had many shortcomings, but they 
were the first to lay down generalizations in a sharp and 
intelligible form ; they furnished us continually with starting- 
points, which they did not fix as unchangeable, metaphysical, 
or theological truths ; they were the first to provide the world 
with scientific deduction. We look down upon deduction as 
a mere play of individual opinions, and while we are more 
stationary in this very sphere of man's ideal activity, we strive, 
on the other hand, towards a coarse materialism, which 
assumes that beyond ponderables and measurables there is 
nothing worth knowing. We ignore that, after all, our modern 
mode of thinking, inquiring, and inventing for practical pur- 
poses is but the natural sequence of those old Greek philoso- 
phers who looked into the order of things more from a 
deductive point of view, with the often unconscious power of 
intuition ; but they very early tried to regulate not only 
quantities and the sizes of bodies, but also the subtle quality 
of our mode of thinking and our power of ratiocination. 

The Greeks were, after all, the first to free our dim eyes 
from the veil of the miraculous, the fabulous, the mythical, and 
the imaginary. These elements took their origin in man's 
fantasy and in his intellectual power ; and it was deduction 


that led to induction, it was the idea that fixed the properties 
of matter. " I am a body, and I think," was the beginning of 
the atomistic theory. It was Diogenes of Apollonia who pro- 
pounded the hypothesis that air is the pervading primitive 
substance, engendering order and reason. The Eleatic school 
worked also in this direction. The Pythagoreans recognised 
numbers but numbers of what ? as the foundation of the 
phenomena of nature, numbers of which the monad, forming 
diads, was the origin of atoms, in fact, which was a further 
step to recognise in the phenomenal world the mysterious in 
the visible, the complicated in the simple, the unknown in the 

One of the mightiest intellects of antiquity was Demokritos, 
of whom we know scarcely more than the sobriquet " the 
laughing philosopher." It is usual to nickname obnoxious 
thinkers, to call them flippant, superficial, or taunt them with 
hiding their ignorance under satirical phrases, because the 
" dullards " of all times most hate the intellectual products of 
those whom they can least refute. It was the immortal merit 
of Lord Bacon to have pointed out Demokritos as the 
founder of real science. This was the more praiseworthy, 
as Bacon was spitefully unjust to Aristotle, whom he dragged 
out of his times and circumstances, and branded as a pro- 
pounder of empty phrases and hollow knowledge. Lord 
Bacon was not endowed with the faculty of historical apprecia- 
tion, and acted towards Aristotle as many modern French and 
German philosophers, who judge Bacon by the light of modern 
knowledge, act towards himself. It must be remembered that 
without Aristotle no Bacon, and without Bacon no Cousin, 
Kant, Hegel, or Schoppenhauer would have been possible. 
Nor must we ignore that Demokritos intellectually engendered 
Epikurus ; and that Bacon, after humanity had passed through 
the unavoidable circle of errors for nearly 2,000 years, reaching 
the transition point of a more correct reasoning, had to begin 
again where Demokritos and Epikurus had left off. 

The most important principle laid down by Demokritos 
was, freely translated, " Do not let us strive after quantity of 


knowledge, but after quality of understanding." Demokritos 
opposed both Sokrates and Plato, because they turned philo- 
sophy into mere verbiage and dialectics, without having any 
firmer foundations for their assertions than mere assumption. 
Both Sokrates and Plato became the props and pillars of 
idealists, whilst Demokritos laid down those principles which 
served the realists as a basis for their investigations. 
Demokritos laid down six principal axioms, and these are 
still the discussed points of our latest philosophical inquiries 
on a scientific basis. He already acknowledged that 

1. "From nothing comes nothing. Nothing that exists 
can be destroyed. All changes are due to combination and 
separation of particles (atoms or molecules)." Kant places 
this principle as the first analogon of experience. " Notwith- 
standing all the changes to which the phenomenal is subject, 
the absolute essence remains the same, and its quantity can 
neither increase nor decrease in nature." Of course so long as 
imagination in humanity was stronger than knowledge, or the 
logical mode of inquiry weaker than the tendency towards 
assuming causes which stood in no relation to certain effects, 
man argued, talked, and built up systems and theories on the 
origin of all things and the creation out of " nothing." This 
gave rise to many discussions by which, if truth did not gain, 
our dialectics were at least sharpened, till we came to the 
conviction that inquiry was after all essential to prove that 
the combination and separation of something real must pro- 
duce the phenomenal in the universe. 

2. " Nothing happens by chance. Every phenomenon has 
its cause, from which it follows by necessity." This axiom 
was already attributed to Leukippos, but without sufficient 
evidence. It does away with all teleology ; for the cause 
(Xoyoc) is, according to Demokritos, nothing but a mathemati- 
cal and mechanical law, by which the atoms are ruled in their 
movements with unconditional necessity. This assertion pro- 
duced the same accusation which realists have to encounter 
in our days. They were taunted with elevating blind chance 
on the tripod of deification. There are scarcely any more 


antagonistic notions than chance and necessity, and yet the 
two are continually confounded. The notion of necessity 
is clear, intelligible, and fixed ; the notion of chance expresses 
merely a relative vague notion ; it is partially the negation of 
an aim. Those who in whatever shape or form ascribe the 
phenomena of nature to an absolute final cause, exclude chance 
as distinctly as those who assume a law of causation. The 
idealist has an easier task with his assumption of an absolute 
final cause. Whatever presents itself to his astonished senses 
is set down as the result of an incomprehensible final cause 
for a distinct anthropomorphic aim, and anything contradic- 
tory or unintelligible in relation to this aim is left as a great 
mystery, without which mankind could not exist But this 
never would have led us to knowledge. Knowledge begins 
where mystery ceases. This does not eliminate the ideal, 
or altogether do away with the mysterious. Only the 
mysterious, instead of becoming something debatable and 
apparently scientific, becomes the merely unknowable, and 
the conviction that there are unknowables is the highest gain 
of science. The assumption of necessity and law in nature 
led to a rational study of nature. 

3. " Nothing exists but atoms and space ; all else is mere 
opinion." This is the weak and strong side of realism in one 
single statement. The phenomena we study in modern times 
are resolved into their smallest component parts which are 
found to be in motion. Thus only we are enabled to explain 
sound, light, heat, electricity, and taste. Athens entered a 
protest against this atomistic principle, and tried to prove 
that the ideal is something separate, not only acted upon, but 
freely acting. The bridge of union between the acting and 
acted upon was not yet found. Even if we assume that 
physicists may yet be able to find out a perfect theory of 
" brain functions," and distinctly show the mechanical origin 
and action of sensations, and thus explain the most im- 
portant actions of a living creature according to a law of con- 
servation of force, developed in the brain under the influence 
of nervous irritation, setting vital energy into motion, it will 


still remain an eternal mystery how the simplest sensation 
becomes that of a certain subject, my own subjective sensation, 
and how this my subjective impression corresponds to the 
same phenomenon produced in the objective world beyond 
myself. Demokritos answered the assertion of the Eleatic 
school, " that all such impressions were mere illusions," with 
the counter-assertion that this depended on the quality of our 
senses. " The notions sweet, bitter, heat, cold, colour, were 
matters of opinion ; in reality, only atoms and the empty 
space existed." According to him thinking was even of 
greater importance than experience. His thinking was con- 
stantly reduced to observation, and saved him from the error 
into which experimentalists often fall, of arguing inductively 
from an experiment in which they do not succeed, that the 
experiments of another which have succeeded cannot be right, 
and that a theory based on such or such an experiment is 
impossible. Such reasoning leads to a dangerous dogmatism, 
that has often hindered the progressive development of 
humanity for hundreds, nay, thousands of years. 

4. " The atoms are infinite in number and infinite in form. 
In eternal motion of falling through infinite space, the larger 
that fall quicker strike the smaller ; this produces lateral 
motions, and the whirlings which thus arise are the beginnings 
of worlds. Innumerable worlds are forming side by side, and 
others perish one after the other." These words are in our 
modern times far more understood than they were in ancient 
philosophy. Epikurus and Lucretius referred to them, though 
Epikurus did not admit the infinity of atomic forms. The 
lateral motion of Demokritos is of great importance. He 
certainly assumed that heavier bodies fall quicker in empty 
space than smaller ones. But he explained correctly the 
beginning of rotation according to the known laws of me- 
chanics. Aristotle attacked Demokritos's theory about the 
accelerated fall of the larger atoms, and Epicurus, influenced 
by him, asserted his theory of the deviation of atoms from a 
centre, without being able to prove his hypothesis, or to 
assign for it a plausible reason. Aristotle propounded further, 


if there were such a thing as empty space (which he did not 
admit), all bodies must fall with equal velocity, as the 
differences in the swiftness of a fall were occasioned by the 
vaiying densities of the mediums through which the bodies 
fall say, water or air. Aristotle more or less consciously 
arrived at results since borne out by modern science. Epikurus 
advanced the same theory, but he was terser in his statement. 
Because no resistance of any sort is possible in a vacuum, 
therefore all bodies must fall with equal velocity. This was 
hypothetically in accordance with modern science, but only 
hypothetical ly, as the ancients had no correct knowledge of 
gravitation, or of the laws of velocity. Still Galileo, un- 
doubtedly aided by the ancients, was capable of asserting his 
law of the equal velocities of bodies, which could only be 
proved efficaciously by means of the air-pump. 

5. " The varieties of all things depend upon the varieties 
of their atoms in number, size, form, and order of aggrega- 
tion ; a qualitative distinction of the atoms does not exist. 
The atoms have no ' inner conditions,' they only impress each 
other through pressure and motion." This assertion reduces 
all phenomena to touch, and the sensation produced by it. 
Materialism or realism turns thus into dead formalism. This 
was already observed by Aristotle. He raised the forms in a 
transcendental way into causes of motion, and by this means 
cut at the very root of the study of nature. Kant, in his 
" Critic of Pure Reason," tried to throw light on a mystery, 
which, in spite of all progress in natural sciences, is as incom- 
prehensible as in the times of Demokritos. How and when do 
these atoms come to subjective and objective consciousness ? 

6. "The soul (consciousness) consists of fine, smooth, 
and round atoms, like those of fire. These atoms are the 
most mobile of all ; they interpenetrate the whole body, and 
in their motions all phenomena of life arise." Like Diogenes 
of Apollonia, Demokritos assumes the soul to be special 
matter ; he considers it an entity differing in essence from 
the atoms forming bodies. This is a theory which would not 
suit many of our modern mechanical realists, who do not 


admit of a spiritual element in creation. Demokritos made 
this division and built upon it his ethics. The soul is with 
him the essential is man. The body is only the vessel of the 
soul. The soul is first to be taken care of. Bodily beauty 
without intellect is animal. Demokritos, is said, to have 
been the first to assert a special divine soul in the universe. 
Aristotle laughed at this " soul " of Demokritos, and compared 
it to the quicksilver with which Daedalus filled his moveable 
wooden dolls ; but the assertions of Aristotle that the soul 
works only through selection and thinking does not solve the 
mystery of the absolute entity of the soul. Selecting and 
thinking are mere faculties of a force which cannot be mere 
thinking and selecting. The savage or the superstitious may 
both equally talk about this superior faculty in man, but this 
does not scientifically answer the question, what is the essence 
of the " soul-entity "? can it and does it exist without matter ? 
Demokritos did not speak of a force that created the world, 
but only of a force that evolved itself in matter and became 
a phenomenal entity through this evolution, manifesting itself 
in law. The shortcoming of the realists and materialists is 
that they stop suddenly when they trace in matter the possi- 
bility of mind, or when they have proved that mind is the 
mere effect of matter, which is its primitive and essential 
cause. But with the effect, as mind, in reality all higher 
problems of history and philosophy begin. He who ventures 
with so-called a priori conclusions, originating in a faculty 
of which matter is an indispensable cause, to settle out of his 
own inner consciousness the phenomena of nature, whether 
his name be Plato, Aristotle, Descartes, Butler, Hegel, or Sir 
Wm. Hamilton, only destroys the basis of real knowledge, 
which ought to have facts for its foundation. Kant would 
have sided with Demokritos against Aristotle or any of the 
modern antagonists of realism. Experience is the essential 
basis of science ; an Empyrismus, however, that does not 
become dogmatic, but only opposes the verbiage and arrogance 
of those who transcend the boundaries of reason, ignore its 
limited faculties, boast of a knowledge of and insight into 


the hidden working of forces, where real insight and know- 
ledge cease, who eternally confound the practical and the 
theoretical, the material and the ideal, and wish to cut the 
thread of inquiry wherever and whenever it suits their 
particular interests. This arbitrary checking of the working 
of man's dynamic (intellectual) force of inquiry and progress 
is in our days not less at work than in the ancient classic 
times. To make man good and happy is the aim of both 
schools of philosophy. The question presents itself at once, 
whether idealism or realism can better attain this aim. 
Demokritos tried to solve the question in restoring to man a 
cheerful quietism which he can only attain in becoming master 
of all his passions. Moderation, purity of heart, and a 
normal development of his intellectual capacities, are the 
duties of every individual. Neither hope nor fear is required 
to entice him to be good, for man has to make himself 
acquainted with his constitution, and to act in accordance 
with the requirements of his mechanical organization. This 
is, of course, a moral which omits every impulse of our intel- 
lectual nature ; but after all, from a practical point of view, it 
is not very immoral, and preferable to an ethic inducing men 
to be good by the promise of reward or the assurance of 

Sicily and Lower Italy lived for centuries on the crumbs 
that fell from the intellectual feasts given at Athens, the 
central point of philosophy in ancient times. Goethe was 
right to have exclaimed, " America, thou art happier than 
the whole world, thou hast no castles in ruins, and no basalt." 
Freedom of thought not depending on obsolete traditions, a 
great distance from old places of culture, and the influence of 
ambitious priests, with their deeply rooted authority, have 
always acted beneficially on the transition period from blind 
faith to philosophical inquiry 

The Pythagorean school, though but a disguised Egyptian 
priesthood, acted most beneficially through the study of 
mathematics in promoting a more correct appreciation of the 
forces in nature. 



Xenophanes from Asia Minor, who settled in Italy, where he 
founded the Eleatic school, inquired into the Pythagorean 
philosophy, which propounded that everything was contained 
in the monad (the unity), and that everything was produced by 
it. But who made the Monad ? he asked, and found this proposi- 
tion too obscure, and argued thus: "If any thing has been made 
it has been made out of that which was, or out of that which 
was not ; out of that which was not, it is impossible ; for out 
of nothing, nothing can come. Out of that which was, it is 
impossible still, for since it already was, it could not have been 
made." He thus arrives at the impossibility of any timely 
creation by means of a monad, and assumes one sole Being 
eternal, infinite, immutable as the essence of all things. He 
found fault with Homer and Hesiod for having endowed the 
gods with human forms, voices, and manners. He objected 
already to the anthropomorphic conception of the gods, and 
acknowledged finite beings as simple modifications or forms of 
an infinite being, showing thus a strong leaning to pantheism. 
Xenophanes was an idealist, confining himself to an inquiry 
into things in themselves from a spiritualistic point of view. 

Heraklitos and Empedokles form a school of their own, and 
were neither idealists nor realists, but tried to combine in a 
spirit of eclecticism both elements. Heraklitos became, to a 
certain degree, a sceptic through the inconsistency of his pre- 
decessors, but wrapt his philosophy in a dangerous dogmatism. 
He was the founder of Greek Puritanism, and looked down 
upon this world as " a vale of tears," and received the title "the 
weeping philosopher." He set forth "that the universal and 
divine reason was the criterion of truth ; that which was 
universally believed is certain, for it is borrowed from that 
common reason which is universal and divine." Such phrases 
are often heard in our times. The sun must then still move 
and the earth stand still, for it was once the universal and 
therefore divine belief of mankind. The Buddhistic religion, 
according to Heraklitos would be the truest, for it is more 
generally acknowledged than any other. He also propounded 
" that common reason is but the picture of the order of the 


universe : whenever we derive anything from it, we possess 
truth; and if we interrogate only our own individual under- 
standing, we fall into error'' I scarcely need draw your 
attention to the fact that this assumption served theologians, 
especially during the Middle Ages, as a means of extolling faith 
and degrading reason or intellect. It served to maintain 
universally accepted falsehoods as truths, because believed in 
by the ignorant masses, and to condemn in man the use of his 
faculty of inquiry as godless and diabolical. Heraklitos, how- 
ever, atoned by his death for his idealism ; he fell a sacrifice 
to his realistic researches in trying to explore the crater of 
Etna, which proves that he must not have been quite sure of 
his own philosophical principles, for if the general belief had 
been true, no exploration of the crater on his part would have 
been required ; the crater could not have been anything but the 
infernal regions of Hephaestos, where the thunderbolts of Zeus 
were forged by infernal spirits. 

Empedokles of Agrigentum belonged to the same school. 
With him matter and force were two separate entities. He was 
probably the first in Greece to reduce matter to the four 
primitive elements, air, fire, water, and earth, held together by 
two fundamental forces, love and hatred, acting in nature as 
attraction and repulsion : his love and hatred did not work 
according to inherent laws, except the force of assimilation and 
separation. Organisms were, according to him, the inci- 
dental products of the fundamental forces. First, plants were 
formed, then animals. Nature brought forth the different or- 
gans singly ; eyes without faces, arms without bodies, &c. In 
the progressive development combinations took place, forming 
bodies at random of different shapes. Nature tries all possible 
combinations till it is able to produce a creature capable of 
propagating its genus. 

These are undoubtedly the germs of the Schelling-Oken 
and the Lamarck-Darwinian theory of descent. There is a 
difference in the two systems ; with Empedokles heterogeneous 
elements combine, while according to our modern philosophers 
the combinations are products of differential successions of 


simple and homogeneous forms for an inherent purpose. The 
assertion of Empedokles was a mere hypothesis, while the 
doctrine of Darwin, based on a quantity of facts, has become 
a systematically proven theory. Both systems, however, 
account for the mechanical productions of form through un- 
limitedly repeated acts of generation and annihilation, and 
the survival of those that have in their accidental and relative 
construction the power of higher vitality. Whilst Demokri- 
tos, the realist, ruled through simplicity and straightforward- 
ness, Empedokles surrounded himself, through his tendency 
to idealism and his superior knowledge of the working forces 
of nature, with an aureole of miraculous and supernatural 

Matter stands in the same relation to nature as conscious- 
ness to sensation. If we assume that consciousness is a 
possibility without sensation, we commit the same mistake as 
if we were to assume that the universe could exist without 

Let us glance at the entire works of metaphysicians, or the 
propounders of different creeds, and we shall find that the 
most abstruse descriptions are mere reflections of imaginary 
or real sensations, because sensations serve in their relative 
harmony or discord to produce consciousness. The realist 
tries to deduce the various phenomena of nature from their 
material elements, while the sensualist deduces the whole 
of his consciousness from sensations. But sensations are 
only possible through outward impressions. The realist will 
attempt to become acquainted with the effects of outward 
nature ; while the sensualist will deny the possibility of 
arriving at any certainty, as we have only impressions of 
which we become conscious : this consciousness is therefore 
at the same time the essence or reality of all things, beyond 
which we cannot go. 

It is said that Demokritos once met a porter in his native 
town, Abdera, who was heaping up pieces of wood with great 
ingenuity. He entered into a conversation with him, admired 
his cleverness in arguing, made him his pupil, and this porter 


changed the position of philosophy in its relation to the 
development of humanity. The porter was Protagoras, the 
first teacher of philosophy for money, and the first sophist. 
He was followed by Hippias, Gorgias, Prodikos, and others. 
It became the fashion to listen to the teachings of these 

Mr. Grote and Mr. Lewes in England, and Hegel in Germany, 
tried to save the honour, and to vindicate the position of the 
sophists in Greece. The sophists of this period of Greek 
philosophy stood in the same relation to real science as our 
metaphysicians now do. They advanced it to a certain degree, 
they paid more attention to the inner man, the subjective of 
their own natures, than to the objective phenomena of outer 
nature. The sophists were the first antagonists of realism 
and the founders of a subjective idealism which attained in 
Sokrates, Plato, and Aristotle the highest climax. The 
theory of Protagoras stands as a connecting link between the 
two extreme parties into which philosophy was already 
divided at this early stage of our historical development. 
Some cared only for the single, the individual, the detailed, 
the isolated facts ; others looked exclusively at the general. 
Protagoras united with his sensualism a kind of relativism that 
has been taken up in later years by Buchner and Moleschott in 
Germany. "The statement that something is, requires the 
verification of how and in what relation it is, else nothing is 
stated, " says Protagoras. Buchner, in opposing the " thing 
in itself," asserts that " all things only exist so far as they 
have mutual relations, without which they mean nothing." 
Moleschott goes farther, and propounds that, "without the 
eye into which the tree sends its rays, the tree does not 
exist." Realism had one great advantage, that it tried to tie 
down the human intellect to observation and experience. It 
early found the axioms. 

(a) That man, as such, is the essence of all things, the 
living as far as they are, and the not living as far as they are 

(/3) That opposite assertions may be equally true. 


So soon as we assume that our consciousness is but the 
result of our sensation, things will assume a relative aspect, 
and what is heat to one man may be cold to another 
under the same temperature. This would be a negation of 
the phenomenal world as such. But is this so ? Sokrates 
already felt, that, besides mere impressions on our senses* 
there must be the impressions themselves. The phenomena 
must have an independent absolute reality, whatever the rela- 
tive impressions producing consciousness in us might be. The 
eternally same must be different from the eternally changing- 
Sokrates sought to find the solution ; Plato was convinced that 
he had found it. 

The theory of relativism had a pernicious influence on the 
development of ethics ; because if cold and heat were merely 
relative sensations, good and evil might also be so. What 
appeared to one virtue, might be vice to another. The same 
action that was condemned by A, might be rewarded by B- 
Where was a standard to come from ? Pleasure, according to 
Aristippus of Kyrene, was to be the standard of morals j 
according to Sokrates, virtue. 

Aristippus led to the extremes of realism, and Sokrates to 
the extremes of idealism. Practical realism produced an indo- 
mitable craving for material acquisitions and enjoyments, and 
was opposed very early by the theoretical realism of those 
who wished to reduce every phenomenon to its first elements ; 
and we may say without fear of contradiction that the realists 
of old, with their earnest endeavours to know the essence of 
things, have contributed far more to the happiness and the 
scientific progressive development of humanity than the 
dreamy idealists, who led to self-deception, spiritual conceit, 
and a refined immorality, productive of more harm than the 
realists ever had done. One great quality distinguished the 
realists, they always tried to direct man to the study of Nature 
and her phenomena, and therefore carried with them a certain 
amount of experimental ballast, which prevented them from 
flying into the regions of imagination, and losing their footing 
altogether as rational beings. The idealists, on the other 


hand, who often began with the loftiest d priori ideas 
about God, the creation, the soul, virtue, duty, &c., led in the 
course of time to the most realistic monstrosities through 
their dogmatic hypotheses, so soon as their assertions were 
thought more important than the intellect itself which had 
created their arbitrary systems. It so happened that of the 
two antagonistic parties, which brought body and mind, 
reality and ideality, into opposition, the realists kept within 
the boundaries of the possible, and thus did less mischief 
than the idealists, who pretended to know all about the 
unknowable, acting one-sidedly on man's mere emotional, 
ignorant, sensual part. Mystic hope and fear are both, when 
analyzed, but sensual excitements. To abstract man from mere 
matter, and to devote him to a kind of imaginary realism, 
was the doing of the idealists, who like the realists had their 
models among the Greeks. Knowledge and progress were 
never more efficaciously stopped for thousands of years than 
through this grand ideal movement in humanity. And yet it 
was but a natural development of our inborn forces. The 
consideration of the mere static elements in humanity was to 
give way to an exclusive consideration of what was dynamic 
in us. 

The conflict was Titanic, the more so, as it was the first 
conscious outburst of man's ideal power. 

Sokrates we have to thank for the phantoms of definitions, 
supposing an imaginary congruity between words and things. 
Plato followed with creating a deceptive method, trying to 
support one hypothesis with another more general one, and 
asserting that we may find in general and ideal abstractions 
alone the greatest realities. And to Aristotle we must 
ascribe the jugglery of possibilities and realizations, which 
led to his imaginary system of categories, through which he 
assumed to have exhausted all real knowledge. 

Sokrates considered virtue an entity, but we are as ignorant 
of the nature of this entity, even after having gone through 
all the dialogues of Plato, as we should be of the " philoso- 
pher's stone" after a careful study of the writings of the 


alchemists. An ideal " something " was thus opposed to 
the utilitarian doctrine of the realists, who assumed virtue to 
consist in anything " useful to the state; " which led to Kant's 
exhaustive and practical moral dictate, "Act so, that the 
maxims of your actions may become the principles of general 

Man is the essence of all things, as far as matter in his 
organization, and mind as the effect of this organization, are 
concerned. The individual man is in his transitory state the 
essence of isolated, detached phenomena ; while humanity 
in the aggregate is the essence of the sum-total of these 
isolated phenomena. This would lead us on the path of 
induction from particulars to generals, in opposition to the 
Platonic assumptions that led humanity on the intricate by- 
ways of idealism to deduction, starting with general, often 
imaginary principles, and arriving at equally imaginary par- 
ticulars. To build up the world from an inner consciousness 
with a culpable neglect of reality, that is of matter, was the 
result of the working of the triad of ancient Greek philosophy. 
The importance of these teachings cannot be denied or ignored. 
Unconsciously they brought higher aims and aspirations into 

Sokrates was a man full of physical and intellectual power. 
He was stern, self-denying, and without wants. Courageous 
in battle, enduring and patient in suffering, a good table com- 
panion if required, otherwise abstemious and frugal. He be- 
came master of his passions, not because he was free from emo- 
tions and wild feelings, but because he practised the power of 
his intellect, and trained his great mind to subdue his mighty 
sensuality and violent temper. His thoughts and aims were 
few, but he concentrated the whole of his burning idealism on 
those few thoughts. He was earnest, and this earnestness 
gave extraordinary force to his speech. His was an apostolic 
and prophetic nature, and he tried to animate his hearers 
with the same glowing love that pervaded his spirit. Pro- 
gressive and revolutionary in his general views, Sokrates was 
still in his sentiments and notions decidedly religious and not 


scientific. The Ideological views of nature which he preached 
with a glowing fanaticism, often hiding his strong convictions 
behind a shield of irony, went to prove the existence and 
working of the gods, trying to satisfy a want in the tendency 
of all teleology to make the gods act and work like man. 
(See the dialogue with Aristodemus, Xenophon Mem., i., 4 ; or 
Lewes, vol. i., page 285, &c.) That such a man with such 
principles should have been put to death will not astonish 
any student of history. No pliable mind, no smooth free- 
thinker, no cautious reformer was ever put to death, but the 
believing reformers were burnt and crucified. Those who 
felt the change in the intellectual development of humanity, 
and could not bring their feelings into conventional forms, fell 
as sacrifices to the periodical mental convulsions that threaten 
to undermine the general state of existing things. This was 
the case at the period of Sokrates. Priests and laymen 
felt it was necessary to give the gods of Greece a more 
spiritual and less anthropomorphic nature ; but when 
Sokrates in spite of the approbation of the Delphic oracle, 
which said that " he was the wisest of mortals," openly 
proclaimed what every one dimly felt, priests and people were 
horrified, and accused him of atheism, though they believed 
less in the gods, in fact, were not even capable of understanding 
the lofty notion which Sokrates had formed of the God whom 
he was accused to have denied. 

The great principle of Sokrates was self-knowledge, not in 
a material, but exceptionally spiritual point of view. It is 
most interesting to trace in the struggle of these times how 
the material " monad," or atom of the realists, led to the 
spiritual " monotheos " of Sokrates. But was the one more 
intelligible than the other? Sokrates tried in the spirit of 
modern times to free the gods of Greece of their coarser 
nature, and to reduce them to the mere embodiments of the 
forces of nature under one supreme deity. To secure this 
deity from any taint of materialism, he opposed the study of 
nature as leading to no result, since the works of God as such 
were perfect and complete. The same opposition is still going 


on in many quarters in our times against the physicists. 
" After all, what do they know ? " They certainly may not 
know what fire or oxygen is, but they at least try to know 
the effects of fire, instead of scanning the still more mysterious 
Creator of fire, of whom the idealists say the realists know 
nothing. By what means can we recognise the greater Cause 
without being able to make ourselves acquainted with the 
essence of so small an element as fire ? What is God, if we 
are unable to know what oxygen is, though we handle it, 
separate it from other elements, trace its working and influence 
in the air, on plants, animals, and man ? The great advantage 
to be derived from the study of the history of the development 
of certain phases in humanity is to see how at all times, 
under all conditions, man tried principally to occupy himself 
with " what will least fit into his brain," as Goethe says. 

Of all the great masters of this branch of knowledge, Plato, 
the 1 divine Plato, was the greatest. He was too much of a 
philosophical poet, and too little of a scientific philosopher, 
and was seized with a kind of supernatural mania. He 
worked out all the unintelligible passages of Sokrates, all his 
mental errors, and turned them methodically into so-called 
philosophical truths, that humanity has taken nearly two 
thousand years to shake off. Sokrates opposed realism 
because he was afraid to see humanity drifting into the merely 
sensual and material ; but he did not altogether deny to man, 
with his higher aspirations, the possibility of being virtuous. 
With Plato philosophy was altogether removed from earth, 
and made something supernatural, settled, finished, like the 
inspiration of a prophet. Sokrates at least acknowledged some- 
times that he did not know ; but Plato, like our modern 
theologians, never knew when he did not know, and was never 
more positive about his knowledge than when he knew least. 

Plato was the first who in science placed faith above 
knowledge ; and still it was Plato who with his mighty spirit 
of idealism brought more than any other philosopher of 
antiquity, even than Aristotle, the realistic schools of our 
modern times into existence. Unconsciously some of our 


greatest realists start like Plato with general assumptions, 
which they try by degrees, step by step, to prove by hard 
facts, turning thus ideal generalizations into systematically 
proven theories. It was Plato who, not contented with mere 
definitions and words, attempted to give us a clear notion of 
genus and species, and to subordinate, to co-ordinate, and to 
super-ordinate (or to superpose) our ideas. He created that 
hierarchy of thoughts in which the most general and least 
meaning was always placed highest. There can be no doubt 
that it was Plato who taught us first, that in order to attain 
knowledge abstract generalizations are as indispensable as 
mere particular facts. The immortal mistake of Plato, and 
also of Aristotle, was that they allowed themselves to be satis- 
fied with mere words. 

The " logos " became omnipotent ; the " logos " was the 
origin of all things ; the " logos " turned out to be God him- 
self, and man as the incarnation of the " logos " thought 
himself nothing less than a god. The " eidos " or " idea " 
was the element of which the word was the reality. The 
"eidos" is not visible, for everything visible is part of the 
mutable world of phenomena. The " eidos " has no need of 
space or time, for the supernatural cannot be confined to 
space and time. And yet can there be anything ideal without 
some substratum of the real? Say the words pure, glorious, 
perfect, eternal, and form to yourself a notion of them that 
shall not affect the senses through matter in one essence or 
another ! It is impossible, and Plato found himself suddenly 
with all his lofty abstractions plunged in incomprehensible 
mysticism the "sensual-supersensual," or the "realistic 
idealism," an idealism that was often coarser in its effects 
than the most realistic materialism. The " eidos " is existing 
above man, he becomes conscious of it through his inborn 
faculty, reason, which reason stands to the supernatural in the 
same relation as the senses to the sensual. Senses and mind 
were thus separated ; this separation in itself was a mere 
assumption, and produced all those misunderstandings which 
furnish the most important facts in the intellectual develop- 


ment of man's history. Our body, or the material in us, has 
no share in our knowledge or our spiritual life. Mind only is 
capable of understanding the "supernatural." Aristotle 
altogether separated " reason " from the organization of man 
as a separate entity. Pure intellect has its own " noumena," 
which in opposition to the "phenomena" form the objects of 
higher knowledge. But what were these "noumena?" mere 
phantoms of the mind. What is our detached pure reason ? 
a mere myth. Man without his complicated organization has 
no " reason " at all, he can have no notions of a power which 
can only grasp the general, the abstract, the supernatural, or 
mere ideas without sensations and observations. In all the 
Platonic teachings the most important element is always the 
" unknown ; " and all the grandiloquent systems that took 
their origin in the Platonic philosophy have served to retard 
the progress of humanity instead of advancing it. For Plato 
and Aristotle became for thousands of years scholastic incrus- 
tations, checking every freer flow of knowledge. On the other 
hand, Plato and Aristotle were necessary elements in the 
development of humanity. The dynamic force in humanity 
will never be contented with mere weights and measurements, 
or with so-called practical results, having mere dry and tangible 
facts for their basis. Our intellect will roam into the infinite, 
grasp the impossible, soar on the wings of speculation above 
mere matter, for we are justified in doing this. It is an inborn 
faculty, and as much our nature as the use of our limbs or 
the involuntary functions of our body. We must cultivate 
this faculty as carefully as the mere study of the multiplication 
table ; for the striving to find union in the variety of phe* 
nomena, whether natural, spiritual, or historical, and the 
tracing of definite laws in the ever-changing incidents of nature 
and man's history, are the only means to vivify, to nourish 
and refresh the intellectual capacities of man if once in activity. 
They lead him to discoveries and furnish him with an ever- 
increasing amount of knowledge. 

As I intend to lay before you the further results of my 
studies on the development of these vital elements in the 


history of mankind, in treating of the subject as it presented 
itself in Rome during the Middle Ages, and as it works in our 
modern times, I can be brief with regard to Aristotle, as I 
shall have an opportunity to refer to him more exhaustively 
in discussing scholasticism during the Middle Ages. He 
is said to have been the first physicist. !He undoubtedly 
did something in that direction, but, like Sok rates and Plato > 
he was too dogmatic to be of real positive and not merely 
negative service to truth and progress. In conclusion, I want 
to draw your attention to the great mischief that was done in 
ancient and is done in modern times, more especially in the 
study of history, by separating philosophical principles from 
facts, and treating facts as isolated without due regard to 
their connection on general principles. This produces the 
same pernicious effect as the separation of natural science 
from sound philosophy. 

Our intellectual faculties are, to a certain degree, limited ; 
who could be audacious enough to deny this ? but so are our 
faculties to weigh, to measure, to experiment, and to investi- 

The philosophic historian has the same right to his lofty 
speculations as the physicist to his electric machines, the 
geologist to his pieces of stone, the botanist to his shrubs and 
blossoms, or the anatomist to his bones, sinews, and nerves. 
What are they all without the connecting mental power of 
the philosophic historian, who traces, not in isolated, but in 
combined facts, the slow and gradual growth of man's capacity 
to become a physicist. The partition wall that separated 
thinkers from mere mechanics or technical workers must at 
last fall. It can only be destroyed through a diligent study 
of history. Through history we become convinced that the 
theoretical thinker, the metaphysician, who grasps the ideal, 
is as necessary as the practical experirnentist who pretends to 
deal only with matter, and that idealism and realism are not 
antagonistic, but completing elements in the progressive 
development of humanity. The physicist must arrive in his 
researches at certain points where he finds no answer to his 


questions, where he deals, like Plato, with words. When we 
use such expressions as matter, force, vital energy, molecules, 
sentient, emotional, electricity, heat, motion, and mind, we 
use as many metaphysical notions as if we were to say in an 
algebraic or geometrical problem, a, b, c, or x y y ) z. When 
the physicist is hard pressed and obliged to assert his power 
of mind over matter, he becomes at once the most determined 
metaphysician. The latest writings of one of our greatest 
physicists, (Dubois Reymond), try to bridge over the chasm 
between realism and idealism. Realists may talk of 
matter and force or motion as the origin of all things, but 
what is again the " fons mechanismi " that has produced 
matter, and endows it with motion and force ? what is mind 
itself, that under certain combinations becomes conscious of 
its own self, and of matter, and of force, acting according to 
certain inherent laws ? What is mind, showing itself in the 
systems of science, in the creations of art, in the mighty 
poetical revelations of the few chosen, if man be but a moving 
and moved accumulation of molecules, and nothing else, in 
fact, a mechanical problem easily to be solved by a physicist ? 
Without idealistic speculation all our knowledge would be 
but a heap of unconnected rubbish. 

The a priori element of speculation is as necessary as the 
a posteriori result of research. The most important his- 
torical fact in the development of idealism and realism is un- 
doubtedly Darwin's theory. It is as influential as the 
astronomical discovery of Copernicus, the laws of Kepler or 
Newton's theory of gravitation. It has been attacked as gross 
realism, and still the very basis of Darwin's theory of descent 
is, as his greatest antagonist, Agassiz, has acknowledged, an 
ideal theory, a thought engendered a priori. Yes, Darwin's 
system is based on the purest efforts of our mental force, on 
philosophic speculation. Those idealists who express their 
horror at the tracing of law and casual connection in the phe- 
nomena of nature may rightly be compared to a poor hen 
that has hatched duck's eggs, and stands astonished at the 
temerity of the tiny ducklings that take to the water. Had 


they studied Kant, whom they misunderstood, or Schoppen- 
hauer, of whom they know nothing, or Demokritos and 
Lucretius, whom they ignore, or Oken and Lamarck, whom 
they do not condescend to read, they would see in Darwin's 
theory the outgrowth, or, according to his theory, the natural 
development of his powers of intellectual selection. 

We strive now in all the different branches of knowledge 
consciously or even unconsciously, to follow Darwin's theory ; 
not to isolate phenomena in nature, facts in history, words in 
languages, art-forms in aesthetics, diseases in medicine ; for 
the more numerous the phenomena in nature, the more com- 
plicated the social conditions of man, the more puzzling the 
different languages in their apparently accidental formation, 
the more grotesque or beautiful the various forms in art, and 
the more mysterious the ravages of diseases, the more we 
require general principles in order to explain facts and phe- 
nomena, without being obliged to resort to mere chance, or 
any other unintelligible, arbitrary, and capricious first cause. 

The safest guide through the labyrinth of ideal and real 
phenomena is the study of history, and we shall see how 
Plato led to Lucretius and the Neo-Platonists, these to the 
realists and nominalists, these to Bacon, and Bacon to Newton, 
down to our own times, in which realism and idealism, specu- 
lation and experience, are trying to form the only possible 
united basis of our future scientific and historical progress. 




WE commonly speak of America as " the New World," and 
deem its grand scenery a negative illustration of the truth 
that human association is an essential quality in our enjoy- 
ment of natural loveliness. And the fact that we discover 
Longfellow at Bruges, Washington Irving "within bounds " 
at the Charterhouse, Motley at Dresden, and Prescott at 
Madrid, gives colour to this impression of prevailing novelty. 
But for all that, the threads of history are woven rapidly on 
that continent as elsewhere, and the tapestry record the warp 
and woof of life is unfolded, with its enigmas and its 
dramatic characters and situations, forthe student's unravelling 
or enjoyment. There is in that New World an aristocracy 
that is not parvenu, and territory that is not lacking in the 
venerable qualities of a grand history. The discovery of the 
St. Lawrence river by Jacques Cartier, the counterpart in 
feature and in energy of our own Sir Francis Drake, his 
sojourn at the Indian villages of Stadacona and Hochelaga, 
the modern Quebec and Montreal, and his erection of a huge 
cross instead of an ensign on the shores of Gasp6, in claiming 
the future New France for Christ and the king, are as much 
an old-time story as that of the Spanish Armada and the 
game of bowls on Plymouth Hoe. From the Atlantic to the 
Ohio, and from Virginia to the great lakes, the land is rich in 
history and fruitful of romance. The exile from Grandpr 
and Port Royal, and the scattering of the Acadian families 
over the States of Pennsylvania, New York, Maryland, and 
Virginia, are full of heart-break to us who read the story even 
now, whether we gather it from the page of history or from 
the poetic setting of " Evangeline " ; and the associations of 


Forefathers Rock and the Puritan graveyard, " beautiful for 
situation," at New Plymouth, together with the quaint laws 
and customs which prevailed in that new England town, must 
be of interest to English-speaking people the wide world over. 
In grandeur of situation, in antiquity, and in romantic 
association, the city of Quebec is almost without a rival on 
the North American continent. It was, as noted above, 
originally named Stadacona, an Indian word signifying the 
wing of a bird. After the discovery of the continent by 
Columbus in 1492, and by Amerigo Vespucci in 1507, there 
was a disposition on the part of the French to enter the 
country for the twofold purpose of settling it and evangelizing 
the natives ; and among the pioneers in the work was Jacques 
Cartier, a mariner of St. Malo, who received a commission 
from the king, Francis I., and with two little ships and 120 
men entered on a new and magnificent field of discovery. 
He made three or four voyages, pushing his way as far as the 
modern city of Montreal, and established stations for the 
promotion of the " pelfry," that is, the fur trade. Intercourse 
with the Indians was fostered and maintained to the period 
of the founding of the city of Quebec in 1608, by Samuel de 
Champlain, and the organization of a Trading Company, to 
which was attached a small band of missionaries. That 
Champlain's heart was as much in the religious as in the 
commercial enterprise is apparent in a saying of his, namely, 
" La salut cTune seule time vaut mieux que la conqu&e d'un 
empire" His expedition was accompanied by four Recollets 
(Franciscan friars), and so early after the founding of the city 
as 1615, a conference was held there to establish regular 
worship and organize evangelical effort ; and one of the 
Recollets, Joseph de Caron, was deputed to go into the interior 
as a missionary. In connection with this interesting feature 
the recent death is noteworthy of John Sunday, an Ojibway 
chief, who for forty years was a Methodist missionary among 
his own tribe, and was once presented to Queen Victoria, 
the present sovereign of his people. The foundation of the 
city was subsequent by only a few years to that of Jamestown, 


an English settlement on the Potomac and St. Augustine, a 
Jesuit settlement in Florida ; and was prior to the foundation 
of Manhattan (New York) and Albany by the Dutch, and the 
colonization of Massachusetts by the Puritans. 

The word Quebec is erroneously supposed to have been 
suggested by the cry of Norman mariners as they ap- 
proached the promontory, " Quel bee ! " but it is more cor- 
rectly traced to the word Kebbek, in the Algonquin tongue, 
signifying a contraction of the waters by points of land. 

The official position held by Champlain was that of a 
governor rather than a factor ; but in the course of his long 
Canadian career many changes were effected in his status, 
and in 1620 he was confirmed Lieutenant-Governor, under 
the honorary Viceroyalty of the Duke de Montmorency, the 
godson of Henry IV., to whom the rank had been surrendered 
by Prince Henry de Conde, and royal letters were issued to 
Champlain by the King Louis XIII. In that year he returned 
to his post on the St. Lawrence, accompanied by his amiable 
wife, many of his relations, and some emigrants. The advent 
of Madame Champlain was an epoch in the history of 
Canada. She was the first lady to set foot in the colony. 
The daughter of a Huguenot, M. Boull^, who was private 
secretary to Henry IV., she was accomplished, of great ability 
in adapting herself to circumstances, and though conformed 
to the religious faith of her husband, which was almost as 
extreme in its exclusiveness as that of the Duke of Guise's 
" League," she was eminently pious and desirous for the true 
spiritual well-being of the heathen by whom she was sur- 
rounded. She learnt the language, and beginning at the right 
end, undertook the instruction of the Indian children. The 
poetic tendency of the superstition of the people, the fact that 
a mirror was an article of a lady's " chatelaine/' and Madame 
Champlain's loveliness of character gave currency to the conceit 
that she carried the likeness of each one of them in her heart. 
It was at this time that preparation was made for the erection 
of religious houses, more settled quarters for the French 
residents, and for a fort, which was thereafter named the Fort 


St Louis, the residence and official head-quarters of many 
governors, and the name of which His Excellency the Earl 
Dufiferin would fain revive in a vice-regal residence on the 
brow of the American Gibraltar. About this time also two rival 
companies, which had obtained patents for the prosecution of 
the pelfry trade, were amalgamated under the title of " The 
Company of Montmorency." The progress of the new settle- 
ment was slow; and in 1624 when Champlain returned 
to France, accompanied by his wife, there were but fifty souls 
left in Quebec, and these were menaced by the Iroquois and 
subjected to much privation. Madame Champlain remained 
in France during the rest of her life, and on the death of her 
husband in 1635 retired to an Ursuline convent she had 
formed, and within that sanctuary died in 1654. In 1626 
Champlain was again in Quebec, and two years later received 
a summons from Sir David Kirkt, the English admiral, to 
surrender the fortress. With this he refused to comply, but 
finally, too weak to resist, he surrendered to the admiral's 
brothers, Louis and Thomas Kirkt, and for three years the 
English held the command of the St. Lawrence. Champlain 
was sent to England and thence to France, but he had in his 
wisdom made provision for those of his countrymen left in 
Quebec. He obtained from the English commanders an 
engagement to leave the mission-houses and the house of the 
widow Hebert and her son-in-law, M. Couillard, undisturbed. 
This woman was the relict of Louis Hebert, whose name is 
notable in Canadian history from the accident of his being 
the first emigrant to that colony. He died shortly before the 
arrival of Sir David Kirkt, having established a prosperous 
homestead, and left his widow and daughter, in the event of not 
being disturbed in possession of the property, with a com- 
parative competence. On the restoration of the colony to 
France, Richelieu, the superb cardinal, instituted " The 
Company of the One Hundred Associates," a company not 
unlike that of the late East India Company, and one with 
which lay practically the government of the vast region, 
embraced by the fur trade. That trade was exceedingly- 


valuable, realizing in one year, just immediately previous to 
Champlain's return after the evacuation of Quebec by the 
English, the vast sum of 8,000 pounds in money of that 
period, and it was important that the jealousy with which the 
English were regarded in relation to it should be impressed 
on the natives in favour of the French. At a great gathering 
of the Hurons, 500 of whom had come down in 1 50 birch-bark 
canoes to dispose of their furs, Champlain did all in his power 
to conciliate the Indians generally, and to induce their action 
in ousting the English in the pelfry traffic. In after years the 
tradition of French policy in conciliating the natives was a 
source of difficulty up to the time when Pitt ventured to trust 
to the neutrality of the Iroquois. The speech of a chief indi- 
cates at once Champlain's influence over the Indians and his 
moral rectitude. The chief said, " We entirely love you. 
All you say is true." 

On Christmas Day, 1635, Champlain, the great, the good and 
the enterprising, died, and his body was laid under an edifice 
designated " Champlain's Chapel." The site of the grave 
was unknown up to 1860, two centuries and a quarter after 
his decease, when a vault containing a coffin and human 
bones was discovered in excavating for new waterworks, and 
evidence strongly favoured the conclusion that that was 
the place of sepulture of the distinguished founder of the city. 

Shortly before Champlain's death, the Jesuits, to whom 
Champlain was attached, and to whom he left his Canadian pos- 
sessions, had displaced the gentle Franciscans, and in 1637 the 
College of Quebec was founded by one of their order, Rem6 
de Rohaut, a priest, and a son of the Marquis de Gamanche. 
To the work the founder contributed the munificent sum of 
36,000 livres. " The Jesuit Relations " are the record simply of 
the work of the brotherhood of Jesus in the colony, but they 
are also valuable sources of collateral historic information 
on the subject of the early days of New France, and of the 
hardship and peril endured by the first European settlers. 

The second Governor of Quebec was Montmagny, whom 
the Indians, in their symbolic language, named Ononthio, that 


is, " mountain ; " and the king, his master, was to them " the 
great mountain," a physical idea of power suggesting to one's 
mind the expression of "the everlasting hills." He was a 
great and good man, and his administration was included in 
what is designated "the heroic period of New France." 
During his term of office an institution for the benefit of con- 
verted Algonquins was founded at Sillery, so named from the 
founder, a Knight of Malta, who had left the dissipation of 
the world and assumed the cowl of a priest : the hospital, the 
Hotel Dieu, was established by a French duchess, one Madame 
d'Aiguillon, and an Ursuline school was opened for the instruc- 
tion of French and Indian female children. The last was 
founded by Madame de la Peltrie, who herself undertook the 
then dangerous and arduous voyage of the Atlantic, taking 
with her three nurses for the Hotel Dieu, and three Ursuline 
sisters as teachers for the convent. 

The Indians were continually a source of anxiety. A treaty 
was proposed to Montmagny by the Iroquois that he should 
give up to their mercy, that was, withdraw his protection from 
the Hurons and the Algonquins. Montmagny's sense of 
justice as well as his perception of what was politic prevented 
his sanction of such a proposal, but it was not in the power 
of the Europeans to preserve the distinct nationality of either. 
Harassed by the Iroquois continually, they were scattered 
over the northern continent and lost as distinct tribes. A few 
Huron fugitives settled on the island of Orleans. In the 
time of the Governor Tracy these were removed for greater 
security to St. Foye, or Foix, and later formed the settlement 
of " Old Lorette," and in 1700 that of "New Lorette," seven 
miles from Quebec, where they yet remain. The writer of 
this paper has in his possession photographs of some ladies of 
a chief's family at Lorette, and the beauty and evident intel- 
ligence of one or two of them indicate that they must have 
come of a magnificent race, or that two centuries of civiliza- 
tion has had the effect of developing the individual excellence 
in inverse ratio to the decline of the nationality. 

The successive governors during " the heroic period," that 


between 1636 and 1663, were Montmagny, D'Aillebout, 
De Lausons, D'Argenson, D'Avaugour, and De Mesy ; and 
the characteristic feature of their administration was the 
hostility of the Iroquois to the French occupation. During 
the term of office of Baron D'Argenson an embarrassment 
arose on the arrival of a distinguished Jesuit, M. de Laval, 
who had been appointed apostolic vicar, with the episcopal 
rank of Bishop of Petraea. The Governor was a blunt, well- 
meaning old soldier, the ecclesiastic a refined, acute, and 
polished scholar ; and the question between them was prima- 
rily one of Church and State, De Laval claiming official 
precedence. But there was another difficulty at issue, in which 
the bishop was undoubtedly in the right, that of the traffic in 
intoxicating liquor among the Indians a difficulty fairly met 
of late years in Canada by making the supply of liquor to 
Indians, by any means whatever, a legal offence. The effect 
of spirit on these primitive people is terribly maddening ; 
and it was well that the Church made an early stand against 
the traffic. At a period when the colony was on the brink of 
ruin, a conference at Quebec with some of the Iroquois 
Onondagas and Cayugas who came with a flag of truce, 
some French prisoners, and a request for missionaries, 
initiated a more peaceable and prosperous season. The 
inhabitants held a meeting, and one, Simon le Moyne, a 
respected name in Quebec to this day under the form of 
Le Moine, " had the honour to be called upon to expose his 
life." The peacemaker was a chief named Garakouthie, 
and the pledge he gave was faithfully maintained. Other 
tribes of " the Five Nations," the Mohawks and Oneidas, were 
troublesome, not feeling themselves bound by the treaty of 
the Onondagas and Cayugas ; but the arrival of regular troops 
and emigrants from France, combined with poverty and the 
ravages of small-pox among the Indians, afforded a long 
respite to the little European community. The settled part 
of the colony was divided into parishes, and a seminary was 
instituted at Quebec for the training of youths for holy orders, 
and to furnish cur6s for the parishes. 


In 1 663, Louis XIV. findingthe "One Hundred Associates" 
unequal as a company to administer the government con- 
stituted in Canada, as Queen Victoria did within late years 
in India, a royal government ; and from that time forward 
for a hundred years the history is more of Canada and less 
of Quebec. The new constitution consisted of a supreme 
Council, including a Governor, Bishop, Royal Intendant, 
Attorney-General, Chief Clerk, and Councillors. The Governor 
was the representative of the king, and directed all military 
and external affairs, while the Intendant was a domestic 
official having charge of police, finance, and the administration 
of justice. That year, 1663, was one of remarkable phenomena. 
Earthquakes were frequent, and there was an almost total 
eclipse of the sun ; but the most startling occurrences were 
the appearance over Quebec of a globe of fire, which 
illumined the place at night as with the light of day, and of 
two mock suns with crowns of vaporous matter. To the 
red men these were portents of evil ; and they might have 
been so deemed by the Europeans could they have foreseen 
the evil days which were to follow. Through the reigns of 
Louis XIV. and Louis XV. the colony of New France in- 
creasingly reflected the gaiety and luxury of the court at 
Versailles, until, 100 years from the appearance of the signs 
in the heavens over the city of Quebec, the French regime 
came to an end under the Treaty of Paris in 1763. 

A great event in the history of Imperial Britain was the 
capture of the ancient fortress of Quebec. It marked an era 
in British America, and was of momentous import to the 
Gallic settler, the Anglo-Saxon colonist, and to the dusky 
native from the Atlantic to the Ohio river. 

Wandering over the rich pastures and among the fruitful 
orchards which crown the hills commanding the Alleghany 
river between Pittsburg and Oil City, a few years ago, I met 
a young farmer on horseback. The trappings of the horse 
seemed incongruous with the plain homespun attire of the 
rider. The bridle was a cavalry one, and, though not as 
bright and clean as that of a life-guardsman, it gave to the 


horse's fine head the martial appearance which is much more 
attractive than the simple ordinary equestrian head-gear. 
The saddle also was a military one, and the rider's feet rested 
in slipper stirrups like an Arab's, but with the leather well 
over the front of the irons to protect the feet from entan- 
glement in going through brushwood. The youth had 
served in the recently preceding war, with the army of the 

Descending the precipitous hill side to the river valley, there 
was spread out before me a scene of exceeding loveliness. A 
turn in the rough pathway commanded through an opening 
in the trees an opening like that of a gateway in a Devon- 
shire lane a broad reach of the placid river. Far off, over 
the fields and the woodlands of the opposite shore, the sun 
was descending in the cloudless glory so common in America 
but so rare in the moister atmosphere of the sea-girt islands 
of Britain ; and the clear, smooth and mirror-like water dupli- 
cated the pale green, rosy yellow and the deep crimson of the 
sky, but softened the beauty which it could not perfectly 
reflect. Along the eastern shore the trees, gorgeous in their 
autumnal tints, lent their bright hues to the river, save in the 
darker recesses of the bank, where the shadows were purple, 
grey, or deep sienna. 

The scene, is a type of the we alth and beauty of the State 
of Pennsylvania and its sister States of Virginia and Ohio a 
type of the paradise which God left them. 

The horseman, plucking an apple as he rides along a lane 
among the orchards, represents an historic fact to wit, that 
this tract of country, in virtue of its being the portal of the 
great West, has been, from the earliest European occupation 
of the Continent, a theatre of war ; and the city standing at 
the confluence of the Alleghany and Monongahela rivers 
Pittsburg, the manufacturing metropolis of the United States 
is the memorial of the English statesman under whose ad- 
ministration both the key of the east and the portal of the 
west were won for Britain and the British. 

The eighteenth century was pre-eminently a period "of 


wars and of rumours of wars." In Europe, India, and 
America the English were contending with the French, and 
with only indifferent success. When the century had reached 
its sixth decade, however, a change for the better was 
wrought by the instrumentality which the genius of Pitt 
directed. There is no need to touch on the political exigency 
which made " the Great Commoner " the virtual head of the 
Government though the Duke of Newcastle was so nomi- 
nally.* Sufficient that he was the man of the hour ; or, as he 
himself said to the Duke of Devonshire, "my lord, I am 
sure that I can save this country, and that nobody else can ! " 
The boast was that of a patriot conscious of power rather than 
/that of a vain egotist. Lavish of money, but a niggard in patron- 
/ age, Pitt removed every incapable officer in the army and the 
navy, and in their places appointed men without regard to 
seniority or to political bias, some of them of humble rank, 
but who possessed ability, and were willing to apply it without 
slavish attachment to precedent. His wisdom was quickly 
vindicated at Goree, Guadaloupe, Ticonderoga, Niagara, and 
at Fort Louisbourg. 

The condition of the colony of New France under Louis 
XV. expedited its transfer to Anglo-Saxon rule. The corrup- 
tion, rapacity and luxury, of the official class was only equalled 
by the servility and degradation of the habitants. From Cape 
Breton, along the St. Lawrence and the great lakes to the 
valley of the Ohio, New France was one marked contrast to 
the prosperous colony of New England. On the one side 
tillers of the soil forced from their labours to military service ; 
the scanty produce of the country purchased by Government 
contractors at a mere fractional price of its real value ; and 
freedom crushed by an unsuitable application of the feudal 
system. On the other hand, a militia drawn with due regard 
to the requirements of the country ; commercial equity ob- 
served between the Government and subjects ; and a people 
withal who had been gently nurtured to a sense of independ- 

* Dr. Miles and Mr. Me. Mullen, historians of Canada, both fall into the error 
of implying that Pitt was the first Lord of the Treasury. 


ence, and political and religious freedom freedom which 
they claimed to the fullest extent a few years afterwards. 

The Governor of Canada, in 1759, the date of the siege, 
was the Marquis de Vaudreuil, the son of a former and 
a worthy governor, a man without the strength and cha- 
racter necessary to cope with the corruption by which 
he was surrounded ; indeed, reared under the pernicious 
influence of the court at home, he was only too ready 
to aid, at least tacitly, the brilliant profligacy which reflected 
French royalty at the seat of Government in Montreal. 
But the central figure in the Government, and the man who 
most fully illustrated the evil in high places, was Francois 
Bigot, the thirtieth and last intendant of New France. This 
official, handsome, valorous, graceful in deportment, energetic, 
a lover of display, a gamester and unscrupulous, formed about 
him a court as vicious as if the beautiful Ninon herself had 
bestowed upon him the favour of her presence. The star 
which brightened Bigot's house at Quebec was Madame Pean, 
the wife of a subordinate. This woman, who held the intend- 
ant in bondage to herself, was young, vivacious, full of spirit, 
ladylike in demeanour, gay and amusing in conversation, and 
very beautiful. It was in her favour alone that employment 
or preferment could be found ; and so capriciously did she 
exercise her power that neither ignorance nor mean birth and 
station were obstacles to her good-will. Servants, lackeys, 
and men of low degree consequently rose in the service of the 
State, and the famine-stricken people suffered still further 
under the 'rapacity and arbitrary rule of these creatures. Play 
was high at Government House in Montreal, but gambling 
was reckless at the intendant's court at Quebec. Of course 
Bigot trafficked in commercial monopolies that was no more 
a novelty then than it is obsolete now. With an income by 
no means adequate to his high station nor commensurate with 
the expenditure in which his extravagance involved him, he 
rendered his name for ever execrable by his frauds, his 
extortions, and his tyranny. Sitting by the side of the beau- 
tiful Madame Pean, with from ten to forty gamblers at the 


same hazard table, he would set off a loss of two hundred 
thousand francs by selling to his Government an English 
prize ship, which had cost him 800,000, for a couple of mil- 

The intendant's palace, the ruins of which remain to this 
day, was an edifice remarkable for its great dimensions, its 
magnificence, and its ornamental grounds. A distinguished 
French writer, in speaking of it directs a sneer against Bigot in a 
happy play of words. Louis XIV., on the advice of his In- 
tendant De Meulles, squandered vast sums for the erection 
of a^stately palace where " la justice fran9aise se rendait et 
plus tard, sous Bigot, elle se vendait." 

It was no wonder that under this administration, of which 
Bigot was an illustration and ordinary representative, the 
people, oppressed by a feudal land tenure, dishonest public 
servants, and knavish trade monopolies, looked longingly 
towards the prosperous homesteads of New England ; towards 
those who were enjoying the success which had come from 
intelligent self-government, industry, and a love of justice as 
between man and man : no wonder either that national energy 
was paralyzed by the disease which fed on the heart of the 
country, as that disease was personified by the French officials 
and their ignoble favourites. 

Amid the darkness of the time, Montcalm, the French com- 
mander-in-chief, shines as a man of nobility, courage, self- 
sacrifice, and fidelity. 

In military matters previously to Pitt's becoming Secretary 
of State, the French had shown activity and foresight, the 
English indecision and delay. New York State was in 
jeopardy ; the English had been driven from the Ohio and 
the great lakes ; the British frontiers were beset by scalp- 
seeking savages in the employment of the French ; and the 
trade of the West found its outlet by the St. Lawrence instead 
of the Hudson. The recall of Lord Loudan, an incapable 
officer, was due as much to the discretion of the minister as 
to the indignant protest of the public ; and it would have been 
well if his junior, Abercromby, had been recalled at the same 

time. A favourable turn of affairs in 1758 was indicated by 
the evacuation of Fort Duquesne, the present city of Pittsburg, 
on the approach of Forbes, with whom was George Washing- 
ton, and the flight of the French commandant down the river 
to the friendly settlements of the Mississippi ; and by the 
capture of Frontenac, the present city of Kingston, the most 
important fortress and harbour after Halifax and Quebec, by 
Bradstreet, an able and valorous officer of Abercromby's 

The new appointments included Colonel Amherst, who was 
gazetted major-general and commander-in-chief of the 
American army, and Whitmore, Lawrence, and Wolfe as 
Brigadier-Generals. The last-named was but thirty-one years 
of age, though he had seen eighteen years' service, but he fully 
vindicated Pitt's confidence in his ability and bravery, and 
justified his appointment to a high and responsible command. 
With Admiral Boscawen he invested and stormed Fort Louis- 
bourg,* compelled the surrender thereof by De Drucour, 
and captured immense stores of provisions and ammunition, 
and eleven stand of colours. These latter were ultimately laid 
at the feet of the king at Kensington Palace, and then taken 
with great ceremony to St. Paul's Cathedral, " amid the roar of 
guns and kettledrums," wrote Lord Macaulay, " and the shouts 
of an immense multitude." The capture of Louisbourg closed 
Canada on the Atlantic seaboard ; the occupation of Fort 
Duquesne gained the friendship of the West Country Indians, 
and interrupted the communication between Canada and 
Louisiana ; and these two, combined with Bradstreet's victory 
at Frontenac, won for that British that territory the possession 
of which had been the original occasion of the war. The year 
1759 was to see ^e crowning victory of all in the conquest of 

* Of the Duke of Newcastle's ignorance many anecdotes remain. " Oh, 
yes, yes, to be sure, Annapolis must be defended troops must be 
sent to Annapolis. Pray where is Annapolis ? " " Cape Breton an 
island! wonderful! show it me in the map. So it is, sure enough. 
My dear sir, you always bring us good news . I must go and tell the king 
that Cape Breton is an island." Macaulay' s Essays. 


the fortress of Quebec, and the consequent capture of 
Montreal and the subjugation of the entire province of Canada. 
The new year was dark and gloomy to the French. Neglected 
tillage and the sustenance of large armies had tried the 
country sorely, and gaunt and hollow-eyed famine stalked 
through the land. Horseflesh was eaten by the troops at 
Montreal and Quebec. 

The unfavourable turn in the affairs of New France had 
come ; and a Council of War was convened at Montreal. Mont- 
calm was appointed to the command at Quebec ; Bourle- 
maque was to go to Ticonderoga to prevent the advance of 
the British under Amherst by way of Lake Champlain ; and 
De la Corne was sent westward to prevent a descent from 
Frontenac, Oswego, or elsewhere by the St. Lawrence river. 

On a night in June of that year there flared from Father 
Point where now is an electric telegraph station which 
heralds the royal mail steamers the beacon fire which, 
repeated from point to point and shore to shore of the great 
estuary, signalled to Quebec that the English fleet was in the 
offing. And if that telegraph could have been more explicit 
it might have added that on board the flag-ship was a youth 
terribly in earnest, one who was at once soldier and saint ; 
and America has afforded not a few instances of men who, 
adding to the qualities of obedience and aggression that of 
integrity towards God, have proved that, while bloodshed 
might be incidental to their progress, victory was certain. 

The approach to Quebec, a port 700 miles from the sea, 
the ancient Indian village of Stadacona is perhaps one of the 
finest scenes in the world. 

As the ship moves up the broad waters, the promontory on 
which the city stands is seen rising boldly against the horizon. 
On the crest are the citadel and upper town ; below is the 
lower town. The streets of the latter are narrow, some of 
them so much so that Monsieur Lemoine compares them to 
Alpine passes ; and many follow the line of the original 
Indian trails which wound to the upper town. The gabled 
roofs and spires are high-pitched, and these, covered with 


tinned iron, glisten in the sunlight like burnished silver, or 
like " the eye of polished brass." Over the port bow on the 
south is the St. Lawrence river and Point Levi, the latter a 
depot of the Grand Trunk Railway and the disembarkation 
stage of ocean steamers ; on the starboard, to the north of the 
city, is the river St. Charles ; and to the north of that again 
the pine-clad mainland, dotted by the white houses of the 
villages of Charlesbourg and Beauport, extending to the 
Montmorency river and the far-off highlands of the Saguenay. 
Opposite the mouth of the Montmorency is the island of 
Orleans, and from the deck, as the vessel passes through the 
North Channel, may be seen the magnificent falls of the 
Montmorency, where the immense volume of waters make a 
leap of 300 feet. 

In June, 1759, as we have said, came to this grand theatre 
of war the fleet of his Britannic Majesty fifty ships of the 
line, under Admirals Saunders, Holmes, and Durell. These 
were the transports of upwards of 9,000 soldiers and marines, 
commanded by Wolfe and his junior officers, Monckton, 
Townshend, and Murray. For eleven weary weeks they 
lingered here, finally accomplishing their mission in a fight 
which lasted only fifteen minutes. 

Under date of June 27th, one chronicler writes laconi- 

27th. Weighed with a fair wind, came to anchor opposite the 
Isle of Orleans, about three leagues from Quebec. The whole army 
landed. A violent gale of wind and rain, which did great damage to 
many of the transports ; they lost above ninety anchors and cables. 
A ranger killed and scalped, and a stake drove through his body. 
The whole army encampt" 

Wolfe's head-quarters and the base of operations were fixed 
at the Island of Orleans, with Monckton's brigade on the 
south shore of the St. Lawrence at Point Levis, from which the 
French were first driven, and where batteries and redoubts 
were erected ; and with Townshend's on the north shore, east 
of the Montmorency river. 


Quebec itself was deemed impregnable. The promontory, 
with its crest then bristling with cannon, terminates abruptly 
and precipitously ; and thence the high ground extends for 
some miles westward above the valleys of the two rivers, away 
toward Sillery and Cape Rouge, the banks on either side 
being steep declivities. Immediately behind the city westward 
are the Plains of Abraham. 

The point of defence, therefore, appeared not to be the city, 
but the strip of northern mainland from the St. Charles to the 
Montmorency ; and it was there that the French force was 
concentrated. The Governor, the Intendant, and Montcalm, 
the commander-in-chief, had their head-quarters at Beauport. 
Between the last and the others, his confreres, there was but 
little kindly sympathy. 

Bougainville, one of the French generals, took up his 
quarters with 3,000 men at Cape Rouge to prevent an im- 
probable attack in the rear of Quebec by a force landing 
under the almost unscalable declivities of the St. Lawrence 
shore ; and so improbable did he deem the contingency that 
he ultimately permitted that which he was sent there to 

Access to the channel of the St. Charles was rendered impos- 
sible by the formation of a boom across the inlet, guarded by 
cannon-mounted hulks. Above the boom was a bridge of boats 
for communication between the city and the French head- 

As soon as the bombardment commenced from the men-of- 
war and the batteries at Point Levis the condition of the city 
became pitiable. The lower town, occupying the alluvial flats 
at the base of the promontory, and which then, as now, was 
crowded with houses, commercial, municipal, ecclesiastical, and 
domestic, suffered first ; and falling ruins and devastating fires 
were of hourly occurrence. Panet, in his jqurnal of the siege, 
says that the lower town was nothing but a heap of smoking 
ruins, and by the 8th of August it was a brasier a fierce 
conflagration. This date was fatal to the well-being of 
Quebec. Such of the people as could do so, especially women 


and children, moved off to the more merciful woods, to live in 
huts and caves as best they might ; taking with them their 
cattle, and subsisting chiefly on flesh and milk, but without 
bread. And all the time, there across the water at Beauport 
the cards shuffled and the dice rattled, a kingdom for a 

The moving of the English squadron in those comparatively 
unknown waters and among the shallows to meet the exigencies 
of the siege, was a work of great difficulty; and many "jolly 
tars/' afterwards famous in history, there showed the mettle 
they were of. Such were young Jervis, the future Lord St. 
Vincent ; Robinson, the subsequent Edinburgh professor and 
the coadjutor of Watt the engineer ; Palliser, afterwards 
Admiral Sir Hugh Palliser ; and last, but not least, James Cook, 
the great circumnavigator. There is a simple record of a boat 
going to sound between the island and the mainland with a 
lieutenant on 'board, who sounded the narrow pass between 
the island and the enemy's encampment, and was cut off 
by forty or fifty Indians in birch-bark canoes, who carried off 
one sailor who was wounded. The lieutenant and the rest 
escaped. This lieutenant was James Cook, and he saved his 
life by just a boat's length, for as he went out of the bows to 
the friendly shelter of the English pickets, the Indians 
scrambled in at the stern. He was reserved for a great and 
useful career, and his tawny pursuers had to content themselves 
with a man-of-war's boat instead of a mariner's scalp. He it 
was too who placed buoys along the shallows to which refer- 
ence is made hereafter. 

The first attempted battle was " the fight of Beauport 
flats." Like his great rival, Wolfe deemed that the scene of 
the struggle for the capture of the city and the acquisition of 
Canada for the King of England would be on the northern 
shore where the French were encamped. The advantage of 
the French position was in its almost impregnability. It was 
fortified by batteries, entrenchments, and the rest : in the rear 
it was open to the country for the supply of the Commissariat : 
it was edged by shallows which prevented the approach of 


ships of heavy tonnage ; and the facilities for the disembarka- 
tion of troops from boats were few. 

However, Wolfe judged there was no alternative, and 
decided to draw the enemy into aggressive as well as defensive 
action if possible. Near the mouth of the Montmorency river, 
the boundary between the French army and Townshend's 
Brigade, the water was shallow, and fordable at low tide. 
Cannon were placed on the English side, low down by the 
shore, and on an eminence which commanded the outlet. The 
first object of attack on the French side was a rival battery. 

On the last day of July, when the sun was near the zenith, 
the Centurion, a fine man-of-war of sixty guns, moved slowly 
from her division, anchored over against the Beauport flats, 
and began the cannonade of the French encampment, adding 
the report of her fire to the boom of the guns which came over 
the water from Point Levis. Two small vessels, also armed, 
ran into the shallows, and as the tide receded became stranded. 
Then a thousand boats and barges plied as fast as strong arms 
could row ; and, amid the din and smoke and roar of the 
bombardment, dropped the troops in the shallows to wade 
to shore in battalions over the rough and rocky beach. The 
Grenadiers and the 6oth Royal Americans were the first to 
land, and they should have formed in columns, and have 
waited for the main body, then preparing to cross the ford, to 
follow and support them ; but the blood of the veterans and 
the young bush fighters was up, and the French having vacated 
their battery and retired behind the entrenchments, these 
foremost men, not even waiting to form, rushed madly and in 
confusion forward to within range of the enemy. With what 
result can easily be imagined. Men and officers fell before 
the scathing fire ; while some, scrambling over the dead and 
dying, beat a retreat to the landing-place, where Monckton's 
division was drawn up in admirable order, waiting the word 
of command to march. Wolfe ordered the impetuous and 
unruly remnant of the attack to retire to the rear and form in 
columns, as they should have done at first ; but the mischief 
was complete, and the design of an open battle had to be 



abandoned. The gathering darkness, the rising tide, the surge 
angrily beating on the rocky shore, the breaking storm-clouds, 
all warned the troops away. And so the lumbering Centurion 
returned to her division, the stranded vessels were blown up, 
and the troops retired to the darkness of their camps and to 
the gloom of conscious failure. An historian who was 
present before Quebec gives a corresponding account of the 

" July $isf. About twelve o'clock the Centurion, a 6o-gun ship 
came down at high water with two transports, which last were laid 
ashore opposite the enemies' batteries. A cannonading began from our 
encampment at Montmorency on the enemies' lines, and from the 
shipping on their batteries ; the Grenadiers of the army, with two 
battalions of Monckton's brigade, and a detachment of 200 men of 
the znd battalion of Royal Americans, were ranged in boats ready to 
push ashore at low water. The five regiments here were under 
arms. The enemies' fire from their batteries on the beach did con- 
siderable damage to the boats ; they wounded several officers, and 
killed and wounded a good many men. About five o'clock the 
Grenadiers landed, and the troops followed ; we marched across 
the Falls, viz., Townshend's brigade, Otway's, Anstruther's regiments 
with the Light Infantry, who first had reconnoitred the ford and 
found no enemy there. On our march a heavy clap of thunder 
brought on a violent shower of rain with a high wind directly in our 
faces, which retarded the part of the army from this place for about 
a quarter of an hour ; when all cleared up, it appeared the Grenadiers 
marched before the rain and took possession of a battery and a re- 
doubt on the beach ; but the heavy fire from the entrenchments on 
the top of the hill obliged them to retire. The rain had made it 
impossible to mount the hill, or rather precipice, in the face of their 
lines, on which the General ordered a retreat. The enemy cannonaded 
us in our retreat, but with little damage. The two armed transports 
were set on fire. We lost in the whole action about thirty officers, 
one only of whom killed on the spot, and 400 men killed and 
wounded. The impetuosity of the Grenadiers and their not waiting 
for orders, it seems, in the opinion of the General, occasioned our 

There was much in the misadventure of " the fight of Beau- 


port flats " to damp the ardour of the most sanguine nature : 
and to that was now added the illness of the man in whom the 
confidence of the army was centred, that of General Wolfe. 
There in his tent on the Island of Orleans he lay battling with 
fever ; and though may be anxious thoughts of the old home 
and the dear ones there, and a presentiment of that purer 
home to which he would attain, albeit by a blood-stained field, 
would obtrude themselves, his active brain was planning a 
change of the order of attack. While yet too feeble to join 
their debate, he assembled his officers to consider the situation, 
and to advise with them on the future course of action. With- 
out faltering to their honour be it spoken he and they 
faced the seemingly impossible, and with what crowning result 
we shall discover. 

As we have said, Bougainville was quartered at Cape Rouge : 
and at Sillery he had planted a four-gun battery in anticipa- 
tion of that remote contingency which had framed itself as an 
immediate probability in the minds of the officers in conference 
on the Island of Orleans. Immediately after the conference 
a great activity marked the operations of the English. Under 
cover of the darkness of night, Admiral Holmes with General 
Murray and 1,200 men moved up the St. Lawrence, menacing 
the ammunition and provision stores at Point aux Trembles. 
While here they were met by the cheering news derived from 
some prisoners whom they took, with a great number of cattle, 
that Niagara had fallen, and that Amherst, having captured 
Crown Point, had moved down on Bourlemagne at Isle aux 
Noix, and might be expected to effect a junction with the 
army before Quebec. This last was accompanied by the in- 
formation that two of Amherst's officers and four Indians had 
been intercepted, and were prisoners on board a frigate up the 
river. The news flew from ship to ship and tent to tent ; and 
the continuous cannonade from Point Levis sounded, in the 
ears of the now hopeful soldiery, like a minute gun over the 
fall of the ancient fortress before them. 

On a day of that eventful year there carne to England two 
despatches, under date of September 2 and September 20, 


from Wolfe and Townshend respectively, the one speaking 
of what might be, the other of what had been ; the latter 
conveying to an anxious public the at once sad and joyful 
intelligence that he who had planned wisely had accomplished 
successfully, but in accomplishing had died. A day of 
glorious memory ! of sadness for the loss of the great and 
good James Wolfe of triumph over the acquisition of the 
future Dominion of Canada. 

On the night of September I2th Montcalm was at Beauport. 
Shots were heard far up the St. Lawrence, beyond Quebec, 
away towards Sillery ; but these troubled not the gallant 
Frenchman, for an expected convoy of provisions from Cape 
Rouge would account for them : but that which did trouble 
the watches of that night was something gentler than cannon 
or musket shot the gurgling of water against the gunwales 
of boats, the grating in the rowlocks, and the ceaseless splashing 
of oars. And anon there loomed in the dim light the mag- 
nified forms of frigates and sloops of war taking up their line 
beyond the shallows, as if to cover the disembarkation of troops 
as soon as the sun gilded the horizon ; and all through that 
night boats and barges innumerable, freighted with sailors and 
marines, stole from Point Levis and from the Island of Orleans 
to the shallows by Beauport. All predicted a bloody day, 
but not there, Montcalm ! not a second disaster at the same 
unlucky spot ! 

As the sun trellised with gold the pines beyond the 
Saguenay, and tipped with dazzling brightness the curved 
crest of the Montmorency Falls, a horseman might have been 
seen at full gallop along the road from Beauport to Quebec, 
the rider flushed and excited, the horse covered with foam, 
bleeding from spur wounds, and his mettle tested to the 
utmost, for on endurance of rider and of steed peradventure 
hung the issue of a battle and the government of a king. 
On they flew, the horse warming to his work, and answering 
his master's knee rather than the bit, over the bridge of boats, 
through the city, out into the country, along the St. Foix road, 
still at a breakneck pace, with despatches to Cape Rouge. 


And along that same Beauport road from the French 
trenches there followed other riders, striving as it would seem 
to overtake and outride that former one ; but these were gayer 
in their attire, accoutrements, and trappings, and the serious 
cast of their faces bespoke a heavier responsibility than that 
of aides-de-camp or orderlies. The first of the group was 
Montcalm, and with him was his staff. They, too, passed 
over the bridge of boats through the city, and as they reached 
the plains the sun rose higher to mark a blood-red day in the 
annals of British America. 

The English general's ruse to gain time had succeeded, 
and the deception of his worthy rival and he, too, as 
watchful as the son of Arestor, " the all-seeing " was com- 
plete ; and as the boats, filled with sailors and marines, 
thronged the Beauport shallows in the early morning, waiting 
apparently for break of day and the receding tide to 
again attempt the French entrenchments, men-of-war were 
taking up their positions near Sillery, and barges filled with 
soldiers were crowding the St. Lawrence to the point on 
which Wolfe had determined for a landing-place, a cove to 
which he bequeathed his name. In the deep darkness imme- 
diately preceding the dawn, Wolfe, Monckton, and Murray, 
with about 1,600 men, landed and scrambled as best they 
could, and as quickly as the dislodged loose earth and stones 
would permit, up the steep declivity. The hill was almost 
perpendicular, and the attempt was therefore unsuspected by 
the French, who had there posted a captain's guard only. 
When the alarm was given, the enemy fired from the hill and 
bushes on the boats, doing some damage. Bougainville and 
his 3,000 men were probably lost in slumber, dreaming least 
of all of that silent body of men marching up to his four-gun 
battery at Sillery. This was captured and occupied by a 
small detachment ; a six-pounder was dragged by sheer 
strength and with difficulty from the place of disembarkation ; 
some of the aforetime impetuous 6oth Royal Americans were 
left in charge of the cove ; and by about eight o'clock on the 
morning of September the I3th nearly 5,000 British troops 


occupied a safe position on the high ground, and formed in 
ranks ready for the word of command. " Then," as one of the 
chroniclers simply says, " we faced to the right, and marched 
by files towards the town till we came to the plains of 

Eastward of the plains lay the city of Quebec and the 
French army a mixed crowd, but over 7,000 strong ; to the 
north, the St. Charles' river and a fringe of bush ; to the 
south, the St. Lawrence, with its steep declivities ; and to the 
west, the British army drawn up in line Murray in the centre, 
and Townshend and Monckton to his left and right respec- 
tively. The line of Montcalm's troops formed an obtuse angle, 
with their rear towards the city and the St. Charles. The 
bush on the north covered Indian and Canadian sharp- 
shooters ; and to protect his left flank from these Townshend 
wheeled three battalions to face the north, and occupied a few 
houses standing there, which afforded good cover. Across 
the field of battle were two main thoroughfares the St. Foix 
and the St. Louis roads. 

The battle began with a slight repulse to the English. The 
light infantry deploying across the plains were met by French 
skirmishers and Indians, advancing among bushes and little 
hillocks, and driven back on their supports, causing temporary 
confusion in the front line. The preliminary desultory fire 
and skirmishing proceeding between the two armies to the 
advantage of the French, Montcalm drew troops from his 
right and centre to strengthen the left wing, that overlooking 
the St. Lawrence, for it was on his left wing, and by attacking 
the British right, that he depended for success. Amid the 
smoke which now beclouded the field, and the excitement 
consequent on the first repulse, Wolfe walked along the 
disorderly front line, his wrist bandaged with a handkerchief 
to stanch a bleeding wound, uttering words of encourage- 
ment, assurance, and command. The effect of the presence 
and words of their idol was electrical, and the red-coats fell 
into the ranks and shouldered their muskets as if on parade 
or at a birthday review, and as if the smoke were from blank 


cartridges. There they stood, while onward came the French 
steadily and quickly, and firing as they came. It was a ter- 
rible moment, and a severe test of courage, discipline, endur- 
ance and pluck ; but not a musket was raised, not a man 
moved to the " present," until the enemy, still pressing their 
serried ranks forward, came within forty paces ; when, as the 
word of command ran along the line, the sure, certain, and 
deadly fire broke. Then the previously immobile and com- 
pact British columns moved forward, Wolfe at the head of 
the Grenadiers and the 28th regiment, the same corps whose 
grim veterans and laughing youths, as they appeared at 
Quatre Bras, has been immortalized by Miss Thompson in 
her last Royal Academy picture. The French left wing, the 
strength of the army, faltered, broke, and then fled towards 
the city. Montcalm behaved splendidly in seeking to rally 
the retreating host, but without avail. Onward came those 
terrible columns, with their general still in the front, but 
faltering now, for he carried a bullet which had inflicted a 
mortal wound. The French centre wing stood, but only to 
cover the retreat of either wing, and so secure the retreat of 
the whole army. The right wing rushed to the St. Charles' 
river, and to the St. John's Gate leading to the city ; and at 
this latter there was a conflict for the passage between these 
and fugitives from the left. The centre held together as long 
as might be, but nearer and nearer came that scarlet line 
Grenadiers, the 28th, and the rest, but not that one 
whose genius and whose prowess had effected the victory. 
Struck by a third ball, and this time in the breast, his face 
towards Quebec, he fell ; and strong arms, as gentle as 
woman's, lifted the hero and carried him to the spot where 
now a monument rises to his glorious memory a column as 
radiant in its record of patriotism as ever graced an English- 
won battle-field. The fight was yet at its hottest as they 
bore him thence, and the ominous words of flight reached 
his ear. As they laid him down they told him it was the 
French who fled. " What, already ? " said he ; " now God be 
praised, I shall die in peace;" and he died as only a hero can. 


Almost his last words, like those of the noble General Brock, 
who fell in like manner half a century afterwards on the 
bloody heights of Queenston, within sound of Niagara's falls, 
almost his last words were a command, namely, for Colonel 
Burton to cut off the retreat at the bridge of boats. Mont- 
calm, too, was wounded, but held bravely on, as if, in his 
own despairing phrase, he would fain be buried amid the 
ruins of the colony he had defended so well ; and by the force 
of his example and the firmness of his deportment he sought* 
too vainly, to arrest the retreat so ignominiously begun. The 
advance of the British, however, now at a quicker pace and 
with redoubled fire, could not be checked ; and as the " red- 
coats " prepared for the charge with sword and bayonet, a 
panic seized the enemy ; the attempt at a second formation 
of the broken centre wing, failed ; a brief stand at St. John's 
Gate, and then the whole army beat a precipitate retreat to 
the St. Charles and to the city. The British captured one 
field piece, and with this and the six-pounder they had 
brought with them they hailed grapeshot on the disorderly 
and running crowd. 

As the French retreated, Bougainville, with his 3,000 men, 
advanced from the west advanced only to again retire to 
beyond Cape Rouge. And as the day closed Townshend 
gathered the troops together on the plains, and gave them 
the first intimation that their general was dead. 

Montcalm died the following morning at the General Hos- 
pital, which building was taken possession of by Townshend 
just at the hour of the decease, and the respect paid to the 
remains- of a gallant foe was characteristic of the soldiers, 
whose earliest employment after the victory of the plains was 
to minister to the necessities of the starving people of the city. 

Moncktonwas severely wounded, and the command devolved 
on Townshend and Murray ; and these hastened to secure the 
victory gained, and to prepare for the next step. This was 
an easier one than they had anticipated. There has since 
been much talk of what the French Governor, Bougainville, 
and the rest, might have done in re-organizing the army and 


saving Canada ; but this remains, that M. de Ramezay, the 
officer in charge at Beauport, deemed the situation hopeless. 

On the i /th of the month, therefore, an officer presented 
himself at the English head-quarters, bearing a flag of truce ; 
and on the i8th the Articles of Capitulation were signed by 
Admiral Saunders, Townshend, and Ramezay. 

The day after the battle the following address was issued 
by General Townshend to the army : 

" Camp before Quebeck, Friday, \^th Sept. The Genl. officers 
remaining fit to act take ye earliest opportunity to express ye praise 
which is due to the conduct and bravery of ye troops ; and ye victory 
which attended it sufficiently proves ye superiority which this army 
has over any number of such troops as they engag'd yesterday. 
They wish the person who lately command'd them had survived so 
glorious a day, and had this day been able to give the troops their 
just encomium. The fatigues which the troops will be oblig'd to 
undergo to reap the advantage of this victory will be supported with 
a true spirit, as this seems to be the period which will determine in 
all probability our American labours. 

" The troops are to receive a gill of rum per day, and will receive 
fresh provisions the day after to-morrow. 

" The regts. and corps to give in returns of ye killed and wounded 
yesterday and ye strength of their corps. The pioneers of the 
different regts. to bury ye dead ; the corps are to send all their tools 
not immed'y in use to the Artillery park. All French papers or 
letters found are desir'd to be sent to headquarters. No soldier to 
presume to strole beyond the outposts. Arms that cannot be drawn 
are to be fired into the swamp near headquarters. The Admiral 
has promised ye continuance of all ye assistance which ye Naval 
service can spare to ease ye troops of ye fatigues which ye further 
operations will require of us. Genl. Townshend has ye satisfaction 
to acquaint the troops yt Genl. Monckton's wound is not dan- 

The closing scene in this stirring drama was occupied by 
two men-of-war. The one, a frigate, we see drifting before 
a storm along the coast of New Brunswick, and under stress 
of weather finding shelter in the hitherto unknown river, the 
Miramichi, an Indian name which, being interpreted, means 


" The Happy Retreat," a type of rest after life's fitful dream. 
On board that frigate lay all that was mortal of James Wolfe. 

The other royal ship slowly and, as it were, sadly passed 
down the great river amid drifting ice, and vanished in the 
dim distance towards Anticosti. On board of her was a 
king's messenger with despatches to Versailles, to announce 
that the last die was cast the last trick turned, that political 
corruption and court favouritism had wrought their inevitable 
results, and that the French regime was for ever ended on the 
shores of the St. Lawrence, those shores which had been so 
proudly won by the great Jacques Cartier long years before, 
and held by him in the name of Christ for his Catholic 
Majesty the King of France. 

At either end of the north transept of Westminster Abbey 
are reared two lofty monuments fit tributes to the memory 
of General Wolfe, and Pitt, Earl of Chatham. But at either 
extremity of an aforetime British colony stand nobler records 
of noble deeds Quebec, the key of the East ; Pittsburg, the 
portal of the West. The conquest of New France was fol- 
lowed by results in the history of civilization with which no 
chimerical dream of prophet or of statesman can compare. 
Renewed interest in the soil, a sense of security in property, 
the rapid development of the country's vast resources, and 
conditions which made labour sweet, all tended to the creation 
of that Greater Britain of to-day a creation which, stretching 
from the Atlantic to the Pacific, and from Georgian Bay 
to the Gulf of Mexico, far exceeds the wildest prevision 
of the great French discoverer, as he wintered there hard by 
the Indian village of Stadacona, under the cold, bright blue 
sky of day, and the rosy aurora radiance of night If to the 
hardihood of the discoverer and the prowess of a soldier be 
added the gift of the seer, that giant hill, 

" The landmark to the double tide 
That purpling rolls on either side, 
As if their waters chafed to meet, 
Yet pause and crouch beneath her feet." 


that hill must have been to him, as it must have been to the 
later soldier who died there, less a fortress than a symbol : a 
type of the future invincible, the all-absorbing and bound- 
lessly wealthy empire ; the empire of an English-speaking 
people, whose king whatever their local form of government 
should be the creation of the voice of the people, and whose 
people's voice should be, in its truth and majesty, the voice 
of God. 

The following lines on the death of General Wolfe appeared 
in 1760, and are noteworthy less as a meritorious tribute to a 
great man's memory than as indicating the popular ignorance 
of the time in all extra-insular matters. No mention is made 
of the grand scene of his death, nor of the dramatic events 
incidental thereto ; and their insertion here can therefore be 
excused only on the ground of their reflection of the general 
esteem and prevailing admiration felt by the people of England 
immediately sequential on the event. 

" Amidst these loud acclaims which rend the sky, 
What means the startling tear the deep-felt sigh ? 
Wolfe is no more a name by all approv'd, 
By princes favour'd, by the people lov'd. 

Was it for this he left his native land, 
A savage race to seek, and barb'rous strand ? 
Eager his sov'reign's orders to obey, 
For this, with speed, to cut the liquid way ? 
Coolly, for this, unnumber'd dangers dar'd, 
And the same toil, the chief, the soldier shar'd. 
For this, judicious form'd the glorious plan, 
Which prov'd the hero, prov'd, too plain, the man. 
Alas ! too plain : in yon remorseless grave 
There view the wise, the generous, and the brave ! 

No more the trumpet's kindling sound shall warm 
That breast to war ! no more the battle charm ! 
The soldier, fir'd by him, shall catch no more 
The glorious flame. Alas ! his race is o'er. 
Yet for a moment hold the closing tomb ! 
Think, for his country pleas'd to meet his doom ; 

For her, the foes superior force withstood, 
And dy'd the soil he conquer'd with his blood. 

But how shall Britain her regard express ? 
How charm the mother's grief, the fair's distress ? 
Bootless alas ! it nought avails to tell, 
In life though early, ripe in fame he fell : 
No charm the fair's, the mother's grief can heal ! 
Their cure alone from time's slow hand must steal. 

For thee, brave man ! mix'd with the private woe, 
In grateful streams a country's tears shall flow ; 
Proud to applaud unsullied worth like thine, 
Each feeling heart, each generous muse, shall join. 
To thee shall rise the monumental pile : 
(Sacred thy name while lasts Britannia's isle,) 
To children yet unborn their sires shall tell 
How greatly Wolfe design'd how bravely fell. 
In peace he died, and glorious shall he rise 
(For surely worth like his must gain the skies !) ; 
Laurels unfading here shall grace his tomb, 
Immortal bliss await in worlds to come." 





THERE is a singular story accompanying the eventful life of 
Godwine, the father of Harold,* which is given by Mr. Free- 
man as gathered from the " half-mythical " chronicles of Ralph 
the Black, a writer who flourished early in the thirteenth 
century. He tells us how Cnut in a jealous fit sent Godwine 
to Denmark with letters, requesting those officials to whom 
they were addressed to cut off the bearer's head ; but Godwine 
was too shrewd for his master, and like the " messenger of 
Pausanias " read the letter by the way " expalluit novus 
Urias" which let him into the light of the awful secret. The 
legend goes on to show how, naturally enough, he recovered 
himself, and cleverly substituted other letters, which bore a 
different burden, directing the Danes to show great kindness 
to him, as he was a regent, and to give him the king's sister 
in marriage. The scheme appeared to answer, for all was 
satisfactorily carried out ; and Cnut is said to have put the 
best face upon the matter ; he received Godwine as a brother, 
and gave him the rank of " consul. "t A writer of the eleventh 
century speaks very contemptuously of Godwine and his 
family, prompted probably by his great dislike to Harold, 
i. e., " The numerous progeny of Earl Godwine was daily 
waxing stronger and stronger upon the earth." J 

Harold the Second, and last of the Anglo-Saxon kings, 
was son of Godwine, or " Gudin," Earl of Kent, by his wife 

* See Michel's " Chroniques Anglo-Normandes," vol. ii. 
f Hist. Norman Conq., vol. i., p. 724 (ed. 1870). Freeman. 
J Ingulph's Chronicles (Bohn's Ed.). 


Gytha, sister of Ulfjarl. Godwine makes his first appearance 
in the history of our country in the reign of Canute, just 
before the close of the tenth century. He was, without doubt, 
of Saxon origin, as he is called " a child of Sussex," being 
the son of Wulfnoth and grandson of Ethelmaer. This 
"child of Sussex," however, may mean "a peasant." Ralph 
the Black, or, as he is usually called, Radulphus Niger, 
records that Godwine was the son of a herdsman or cowherd, 
"films bubulci"* brought up by Canute. But how the son 
of a Saxon herdsman came to be brought up by Canute is 
explained by Turner in his translations from the Knytlinga 
Saga, which shows Godwine to have been the son of Ulfnadr, 
a man of poor and humble circumstances, probably the same 
name with Wulfnoth, and to have owed his high position at 
the court of Canute to a service which he rendered to Ulfr, 
son of Sprakalegs, one of the great and noble captains of that 
Danish conqueror who, having lost himself in a wood after 
the battle of Skorstein, between Canute and Edmund, some- 
times called " Sceorstan" accidentally fell in with Godwin, or 
" Gudin," as he was then called, driving his father's herd of 
cattle, and by him was conducted in safety to the cottage of 
Ulfnadr, and thence to the camp of Canute. For this 
act Jarl at once placed Godwine on a lofty seat, and had him 
treated with the respect which his own child might have 
claimed. His attachment continued toward Godwine so far as 
afterwards to marry him to Gyda, or Gytha, his sister ; and 
to oblige Ulfr, as the story goes, Canute in due time raised 
Godwine to the dignity of Jarl.t Godwine is said to have 
been a handsome man, of good address, and fluent of speech, 
which qualifications speedily brought him into high repute. 

* Cotton Lib. Vespasian, D. 10, f. 27. 
t Turner's Hist. Eng., vol. ii., p. 333. 

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There is no doubt but that Gytha was the mother of all 
those sons and daughters of Godwine who played such a 
memorable part in the history of our country. The fullest 
list of Godwine's sons is that given by William of Malmes- 
bury,* who is highly spoken of by Archbishop Usher, as "the 
chief of our historians." Malmesbury, however, appears to 
have been unacquainted with the name of Godwine's second 
wife ; this deficiency has been supplied by Dr. Giles. 
Gunhild, Harold's sister, is not mentioned by Malmesbury ; 
her name occurs in the Exon Domesday,! " Gunnilla filia 
Comitis Godwini." Mr. Freeman mentions a third daughter, 
named ^Elfgifu, who appears in Domesday 144 b. Swegen 
is considered to be the eldest son, and Harold next. It is 
not quite clear who followed Harold, probably Tostig. 
Wulfnoth was the youngest ; all the rest of the sons were 
created earls but himself. Harold, whose career in life has 
placed him at the head of his brethren, now steps forward % 
as Earl of the East Angles. 

To borrow the language of the above able writer, we may 
now say that we have " reached the first appearance of the 
illustrious man round whom the main interest of this history 
will henceforth centre." Harold was "the hero and the 
martyr of our native freedom," one whom England must 
naturally ever hold in the highest esteem. " To his first great 
government, a trying elevation indeed for one in the full vigour 
of youth and passion, he was apparently raised about three 
years after the election of Eadward, when he himself could 
not have passed his twenty-fourth year. While still young 
he saw somewhat of the fluctuations of human affairs, and he 
seems to have learned wisdom from experience. Still there 
must have been in him from the beginning the germ of those 
great qualities which shone forth so conspicuously in his later 
career. The praises of the great earl sounded forth in the 

* William of Malmesbury, Bohn's Ed., p. 222. 

f Vide pp. 96, 99. 

I A.D. 1045. 


latest specimen of the native minstrelsy of Teutonic 

The remarkable skill and agility in the use of arms placed 
Harold on an equal with the swift " light-armed Briton," and 
made him more than a match for his Norwegian opposers ; 
and his courage and strength enabled him for a long time to 
stand proof against the deadly arrows of the Normans. As a 
ruler in civil matters he is thought to have been even more re- 
markable. We are told that as soon as he possessed the reins 
of government he vigorously strove, as the chronicler asserts, 
" to revoke unjust laws and establish good ones ; " and, 
as another writer of a later date remarks, " the greevous 
custumes and taxes which his predecessors had raised he 
abolished, whilst the ordinarie wages of his servants and men 
of warre he increased." Harold is mentioned as being the 
protector of the churches of his day, besides showing a 
humane feeling towards not only good men, but even to 
malefactors, and to disturbers of the countiy's peace.f We 
have every proof of Harold's great liberality when our 
attention is drawn to his magnificent foundation at Waltham 
Abbey, which is a monument " not more of his liberality 
than of his wisdom." He was also a liberal benefactor to the 
church of Peterborough, and by his advice King Eadward 
issued a grant to the church of Abingdon. To found a secular 
college like that of Waltham at a period " when all the world 
seemed mad after monks," and when the nobles of the land 
aimed to outvie each other in adorning the so-called 
" religious houses " with splendid gifts, exhibits great in- 
dependence of spirit and vigour of mind. 

The circumstances connected with the foundation of Walt- 
ham show that Harold was not actuated by superstition 
altogether, or dread, nor was it a display "of reckless 
bounty," but as Mr. Freeman justly remarks, it was "the 
deliberate deed of a man who felt the responsibilities of lofty 
rank and boundless wealth, and who earnestly sought the 

* " History of the Norman Conquest," vol. ii., p. 32. 
t Journal of the Archaeological Association, vol. xxiii., p. 159. 



welfare of his church and nation in all things." The same 
able writer goes on to speak of the story of Eadgyth Swannes- 
hals, or Swan-necked, Harold's beloved consort She was 
the last of the Anglo-Saxon queens, and was surnamed " the 
Fair." It is believed by this marriage Harold healed up 
the breach made between him and his northern subjects. 
The great researches of Sir Henry Ellis and other antiquaries 
lead to the conclusion that the touching instance of woman's 
tender and devoted love the verification of Harold's mangled 
body among the slain at Hastings, generally attributed to his 
paramour, 'belongs rather to Queen Eadgyth, his disconsolate 
widow.* The appellation of " mistress " usually given to 
Eadgyth,t or Ealdgyth, has unhesitatingly been dispensed 
with for that of "queen," on the ground of Sir Henry Ellis's 
opinion (Introd. to Domesday, ii., p., 79) that she was no other 
than the daughter of Earl ^Efgar, and widow of Griffith, Prince 
of Wales, after whose death she became, as we have said, the 
wife of Harold-! It will be well here to relate the chief 
incidents shown in the life of Harold by the Anglo-Saxon 
chronicler. In A.D. 1046-9 Harold opposes his brother 
Swegen ; 1049, ne removes the body of Bib'rn to Winchester ; 
1050, cited before the " Witenagemot," or a meeting of wise 
men. Some interpret the word witan, to know, and gemoth, 
an assembly. It was a name given to an assembly of wise 
men who constituted the great national council or parliament 
among our Anglo-Saxon ancestors ; consisting of the nobles, 
or the largest landholders, and the principal ecclesiastics. 
The powers of this council were very extensive. 1051-2, 
Harold withdraws to Bristol, and thence to Ireland ; 
sails with his father to London, and is reinstated in his 
possessions. In 1053 his father dies, and he attends the 
funeral, succeeds to his father's earldom ; 1055, makes his 
peace with Earl ^Elfgar, and the next year makes peace with 

Strickland's '' Lives of the Queens of England," vol. L, p. 8. 
She is called in the Cott. MSS., Julius D., vi., cap. 21, " Editha 
tomen, Swannes-hals" 
See Lappenberg, " Under the Anglo-Saxon Kings," vol. ii., p. 302. 


Griffith, King of North Wales ; 1063, he reduces Wales, and 
the following year treats with Morkere ; 1065, he orders a 
hunting-seat for King Eadward at Portskewet, and strives to 
reconcile Earl Tostig and the Northumbrians ; 1066, he is 
chosen King of England, collects an army to oppose Tostig 
and William of Normandy, defeats Harold Hardrada and 
Tostig at Stamford Bridge, and at last is slain at Hastings.* 
For several months Harold occupied the throne of England 
in peace. His accession, no doubt, took place with the general 
assent of the public ; the nobility, with few exceptions, and 
the bishops, with scarcely any, declared themselves the 
authors and supporters of his progress, and the acquiescence 
of the nation appeared complete. Florence of Worcester, a 
trustworthy writer of the Middle Ages, informs us that Harold 
reigned nine months and nine days, " Regnavit autem 
Haroldus mensibus ix. et diebus totidem." And reckoning 
from the death of Eadward, which took place on Thursday, 
January 5th, to Saturday, October I4th, 1066, the day of his 
own death, this statement seems to be correct. An able 
writer has justly observed that the reason why Harold has 
been so far ignored by some historians may be attributed to 
the shortness of his reign. In fact, by them, remarks the writer, 
this monarch "is scarcely included among our sovereigns." 
The right of Harold to the throne of England has long 
been a subject of discussion ; and there is, perhaps, no 
greater event in the annals of our country in which the truth 
is more difficult to be elicited than in the transaction between 
Harold and William in the lifetime of Eadward.t This 
monarch, as he drew near his end, saw the increasing power 
of Harold, and doubtless was not without some grave thoughts 
that the kingdom which he had governed would at his death 
be exposed to great commotion, on account of the rival 
powers then existing. There appear to have been four 
claimants to the crown of England at the death of the 
Confessor i.e., his cousin, William of Normandy ; his brother- 

* " Anglo-Saxon Chronicle" (by Thorpe), vol. ii., p. 280. London : 1861 
f Turner's " History of England," vol. i., p. 374. 


in-law, Harold ; Eadward the Outlaw, the son of Eadmund 
Ironside, who had been sent for by the king as early as 1057 
respecting the crown, but he died soon after his arrival in 
England ; and Eadgar, who is said to have been too young in 
1066 to be elected king. Each of these, no doubt, founded 
his pretensions upon the real or supposed devise of the late 
king. But if kindred had any weight, Eadgar probably had 
the most right to the throne, being the son of ^Etheling, 
although he was not entitled to the same constitutional 
preference as his father, but in some respects he was a more 
promising candidate than his father.* Palgrave tells us that 
Eadgar ^theling was the son of Eadward the Outlaw, a lineal 
descendant of Ironside, and the only male left of the house of 
Cerdic.f The Anglo-Saxon chronicler states that "Archbishop 
Ealdred and the townsmen of London would have Eadgar 
child for king, as was indeed his natural right ; and Eadwine 
and Morkere promised him that they would fight with him, 
but as it ever should be the forwarder, so was it ever, from 
day to day, slower and worse, as at the end it all went." The 
early writers speak unhesitatingly that Eadward, on his 
death-bed, had appointed Harold to be his successor. Turner 
the historian says, " I am much inclined to believe this 
report, not only on the testimony of the English writers, but 
because its truth is acknowledged by the enemies of Harold." 
One of them notes that Harold was a cunning and crafty 
man, understanding that 

" 'Tis always bad fixt measures to defer ;" 

And that as soon as the king was buried he (Harold) extorted 
an oath of fealty from the nobles, and placed the crown on 
his own head.J Other early writers give a more feasible 
account how that after the interment of Eadward, the " vice- 
roy," or "vice-king," Harold, whom the king had previously 
appointed his successor, was elevated to the throne by all the 

* " History of Normandy and England," vol. iii., p. 295. 
f " History of the Norman Conquest." vol. ii., p. 425. 
\ " Matthew of Westminster," vol. i., p. 556. See Roger of Wend over's 
'' Flowers of History," vol. i., p. 326, and Ingulph's Chronicle. 


chief men of England,* and was consecrated the same day 
with great ceremony by either Stigand or by Aldred, Arch- 
bishop of York.f Harold had, no doubt, obtained great 
favour with the Saxons during his course of action ; for as 
early as the time of Harthacnut he was in possession of con- 
siderable power ; and in striking contrast with the other sons 
of the great and popular Earl Godwine, in his government of 
East Anglia, and afterwards of Wessex, he was just, kind, and 
considerate. The Anglo-Saxon Chronicle tells of the 
death of Eadward and the promotion of Harold to the throne, 
in the most exalted strains of the period, but which may 
now appear weak and fulsome. The story finishes thus : 

" Harold himself, a noble earl, 
He in all times faithfully obeyed His lord 
By words and deeds, nor aught neglected 
Of what was needful to his sovereign king." 

When the important news of King Eadward's death and the 
coronation of Harold reached the ears of William of Nor- 
mandy, he was sporting in the park at Rouen ; and it is said 
that the bow dropped from his hand. Apropos are the words 
of Johnson here : " No plays have oftener filled the eyes 
with tears, and the breast with palpitation, than those which 
are variegated with interludes of mirth." The duke $tood a 
few moments wrapt as it were in thought, then threw himself 
into a boat, and crossing the Seine, entered his palace, and 
afterwards called his barons to council. By their advice he 
sent to request Harold to perform his engagements and resign 
his crown. The reply was such as might be expected ; 

* Ordericus Vitalis affirms that Harold was crowned by Stigand, and 
that he usurped the English throne. But the Harl. Miscellany states 
that Stigand refused to perform the ceremony. The Bayeux tapestry 
exhibits Stigand, and not Aldred, performing the office of crowning 
Harold, which was no doubt correct, as we find that on the accession of 
William to the throne of England, Stigand is cast into prison, and libe- 
rated only by death. 

t Simon of Durham, " History of Kings," p. 544. Hovenden's Annals, 
and " Florence of Worcester's Chronicle." 

J Journal of A rcha;o logical Association, vol. xxiii. p. 158. 


Harold refused to comply to such orders, and boldly defied 
the great Norman powers. Forthwith William summoned a 
parliament of his barons bold at Lillebonne, and though the 
nature of their tenures did not oblige them to cross the sea in 
the service of their liege lord, they agreed, at the impulsion 
of Fitz-Osborn, surnamed the Bold, to aid in the conquest of 
England. Promises of rich rewards were made by the duke 
to stimulate them to exertion ; and promises to the like effect 
were held out to the flower of the chivalry of Anjou, Brittany, 
and Poitou, if they would do their very best to support the 
standard of William. And the Pope, it appears, when applied 
to, readily condemned Harold on the ground of perjury, and 
sent the duke a banner and a ring, with a pressing letter 
stipulating for a more punctual payment of Peter's pence a 
tax annually levied on every house granted to the Holy See 
by King Ethelwulf* " Thus," says Fuller, " the Pope would 
not be so bad a carver as to cut all away to others, and 
reserve no corner to himself." 

But whatever may have been the charges brought against 
Harold by the Pope and the Duke of Normandy with respect 
to his legitimate right to the crown of England, Harold no 
doubt had as good a claim to it as the rest of his rivals, taking 
all things into consideration, and here it seems necessary to 
cull from a mass of weighty evidence those important facts 
which establish the justness of Harold's right to be the sole 
monarch of this favoured isle.t " The Anglo-Saxon Chronicle" 
(p. 189 as before quoted) is favourable to Harold, the one 
nominated by Eadward to be his successor : " And Harold 
eorl' feng to tham rice, swa swa se cyng hit him genthe and 
carl Harold took the kingdom, as the king gave it to him." 

* Keightley's " History of England," vol. i. p. 67. 

f Harold, although he had many friends, yet was surrounded by a 
number of enemies who did not always express the truth in their arguments 
against him. He has been charged with acting unfriendly towards his 
brother, but the Cott. MS. of the Saxon Chron. is strongly in his favour. 
"There was a great gemot at Oxford, and there was Harold the Earl, and 
would work a reconciliation, if he might ; but he could not." See "Journal 
of Arch.," vol. xxiii., p. 161. 


Florence of Worcester, who died 1 1 18, says : " Haroldus God- 
wini dticis filius quern rex ante suam decessionem regni suc- 
cessorem elegerat." The legend of Waltham says : " Post 
obitum itaque sanctissimi regis, comes Haroldus unanimi om- 
nium consensu in regem elegitur" (MSS. Cotton. Julius, D. vi.). 
But as Harold was crowned on the same day that Eadward 
was buried, it may be said that there was not a sufficient time 
allowed to obtain their consent. This objection is removed 
by what is stated in Ailred's life of Eadward, that that prince, 
being about to consecrate Westminster Abbey, which he had 
built, did so at a period when " Anglorum tota nobilitas ad 
regis curiam debuit convenire" and that the solemnity was 
begun " Convenientibus in unum episcopis cunctisque regni 
firoceribus." The great national council was, therefore, 
assembled at a period of Ead ward's death and Harold's coro- 
nation.* Sir Alexander Malet, B.A., in his metrical version 
of "Wace's Chronicle of the Norman Conquest," confirms 
the right of Harold to the throne of England, which right 
he should possess at the sacrifice of his life : 

" Here gather'd before thee this day, we demand 

That Harold be chosen as king of the land." 

Then Harold stood forward, and said, "What was done 
By thee in foretime, sire, regard as foregone. 
God forbid I e'er crave other guerdon as mine, 
Save to rule by thy grant o'er the land that is thirte. " 
Then answered the king, " Harold, so shall it be^. 
But death's in the gift, as I well can foresee.''^ 

It is quite possible that Duke William had nothing more 
than a verbal grant from Eadward to entitle him to be King 
of England, any more than Harold. William of Malmesbury 
asserts that William claimed the kingdom on the ground that 
Eadward, by the advice of Archbishop Stigand and of the 
Earls of God wine and Siward, had granted it to him, and had 

* Cochrane's Foreign Quarterly Review, 1835, P- 3 11 - 
f Master Wace his Chronicle of the " Conquest of England " (Ed. 1860 
pp. 20, 22). 


sent the son and nephew of Godwine to Normandy as sureties 
of the grant. Dr. Giles affirms that this statement "is from 
W. Pictaviensis, who puts it in the mouth of the conqueror, 
but it is evidently false ; for Godwine died A.D. 1053, Siward 
A.D. 1055, and in 1054 we find Ead ward the Confessor sending 
for his nephew from Hungary, to make him his successor in 
the kingdom, who accordingly arrives in A.D. 1057, and dies 
almost immediately after. He could not, therefore have made 
the settlement as here asserted." Harold in the tapestry is 
represented as making oath to duke William, by which oath 
it is said the duke claimed his right to the English throne. 
In another part of the tapestry occur the words " Hie dedit 
arma Willelm Haraldo" " Here William gave arms to Harold." 
Ordericus Vitalis informs us that Duke William presented 
Harold with arms and horses, " in contradiction to Wace, who 
in the Roman de Ron, laid the scene of the presentation of 
arms at Avranches, when William was on his march to 


The celebrated tapestry of Bayeux which illustrates so 
much of the famous history of the Norman Conquest, con- 
sists of a web of linen nearly 19 inches in breadth and 214 feet 
in length ; the memorable expedition from the embassy of 
Harold to the Norman court in 1065,13 successfully depicted. 
There are exhibited also several hundred figures of men, 
horses, beasts, birds, trees, castles, houses, and churches, with 
inscriptions over them explanatory of their meaning and 
history. The stitches, if they may be so called, are threads 
laid side by side and bound down at intervals by cross stitches 
or fastenings upon the said linen or cloth ; the parts intended 
to represent flesh are untouched by the needle. The colours 
are generally faded on bluish green, crimson, and pink. The 
finest copy that has ever been taken of the Bayeux Tapestry 
will be found in the South Kensington Museum. There is a 
good copy in the " Vetusta Monumenta," drawn many years ago 
by Stothard. The translators of " Master Wace his Chronicle," 


have given a number of illustrations from this tapestry 
similar to those given by Mr. Stothard in 1819. With regard 
to these illustrations it is conjectured that Wace must have 
seen the Bayeux tapestry before or at the time of writing his 
poem. This supposition is supported by the fact of his having 
held an ecclesiastical dignity in the chapel of the Bayeux 
Cathedral. This "Worsted Chronicle " is set down by some 
persons as the work of Matilda of Flanders, queen of William 
the Conqueror, but upon investigation it is found to be neither 
the work of the first nor the second Matilda ; it was executed 
by order of Odo, Bishop of Bayeux, " uterine " brother of the 
Conqueror, " who alone had the power to deposit and display 
the representation of a subject from profane history in a sacred 
edifice." Hume has attributed the work to the third Empress 
Matilda, daughter of Henry I. Odo is said by Thorpe to be 
the son of Arlette by her husband Herluin de Conteville. He 
was contemporary with Harold and William, and is mentioned 
as bishop in 1066.* This bishop appears in effigy on the 
tapestry on horseback clad in armour, holding a club with 
which as the inscription states, " he encouraged the youths." 

Harold at his coronation is seen seated on his throne, 
listening apparently with great attention to two messengers 
who no doubt had some important matter to communicate to 
him. Some have suggested that these messengers brought 
the news of the landing of his brother Tostig and the 
Norwegians. Others more justly conjecture that the two men 
represent Duke William's ambassadors who were sent to ex- 
postulate with Harold on his claiming the crown of England. 
The words above the throne are " Here sits Harold, King of 
the English. Stigand, Archbishop." Harold holds a sceptre, 
and in his left a globe surmounted by a cross. On his left is 
Stigand, who is said to have crowned him in defiance of the 
Pope's interdiction, and for which act he afterwards suffered 
at the hands of William. The early writers, at least several 
of them, affirm that Harold was crowned by Aldred, Archbishop 
of York. 

* Anglo-Saxon Chronicle, vol. ii., p, 107. 



Master Wace, as he is called, was born in tne isle of 
Jersey early in the twelfth century, lived in the reign of three 
Henries, and died in England circa A.D. 1184. It is said that 
he was educated at Caen, and proceeded thence to the 
dominion of the king of France, returning again to Caen, 
where he began to write " romanz." In 1155 he finished his 
" Roman de Brut." (See transcript Cott MSS., Vit. A. X., 
fol. 19.) King Henry the Second, the great patron of the 
church of Waltham, was Wace's principal patron. Wace 
obtained by royal favour the prebend of Bayeux Cathedral 
as a reward of his literary labour. Here he had doubtless 
full command of the wonderful Bayeux tapestry. He held 
this office, we are told, for nearly twenty years. In 1160, 
Wace, having gleaned sufficient from the tapestry, finished 
his masterly Chronicle of the Norman Conquest. This is an 
invaluable record regarding the history of the times and the 
burial of Harold at " Varham " (Waltham). He appears to 
have gathered much information respecting the Conquest 
from old men who are said to have seen the comet of 
1066 : 

" I have seen and conversed with old men in my time, 
Who beheld the said star ; men in their prime." * 

The biographer of Wace says that he " wrote at a period 
when the desire for more accessible sources of information 
than those afforded by the monkish chroniclers began to be 
felt, but while the habit of listening to the troubadour was 
still prevalent. His work is then to be considered as a 
remarkable monument, marking as it does a period of 
literary transition, produced by a clerk or Churchman, but 
in the vulgar tongue and in reality a tribute or concession 
to the growing spirit of inquiry of his age. 

" As regards the literary value of Wace's poem, competent 
judges have pronounced that it is not deficient in delicacy of 
feeling or elegance of expression ; but the obsolete language 

* See Malet's Translation of Wace's Chronicle (1860). 


in which it is written enables few to form an opinion of either 
quality."* The public are indebted to Sir Alexander Malet, 
Bart., B.A., for his splendid translation of the Chronicle into 
English rhyme, published in 1860, from which much of the 
above on Wace is taken. Mr. Edgar Taylor gave a prose 
translation in 1837 (8vo.), published by Pickering ; this is also 
a valuable book. Both these works are illustrated from the 
Bayeux tapestry. 

The best existing transcript of Wace's Chronicle of the 
Norman Conquest is preserved in the royal collection of MSS., 
British Museum.-}* The date of this MS. is put down by 
good authority as A.D. 1200; it formerly belonged to the 
library of Battle Abbey, for which it is said to have been 
made. " Liber Abbatriae Sanqti Martini de Bello " is written 
on one of the folios. The Chronicle is supposed " to com- 
memorate the deeds, the sayings, and manners of our 
ancestors, to tell the felonies of felons and the baronage of 
barons," &c. In fol. 271 of this MS. the writer states 
clearly that the body of Harold was carried to Waltham, and 

there buried : 

" Li reis herant en fu portez, 
A WAICHAN, fu enterrez, 
Mais jo ne sai qui le uporta, 
Ne jo ne sai qui lenterra." 

On the 24th of April, A.D. 1066, a great comet appeared in 
the heavens, "which," says Ingulph, "portended the great 
changes which were about to take place in the country." 
The old Leonine couplet given by Roger Hovenden has been 
rendered thus : 

" In the year one thousand and sixty-six, 
A comet all England's gaze did fix."J 

A Norman writer describes it as having three tails ; and the 
Anglo-Saxon chronicler says that " there was over all England 

" Conquest of England," translated into rhyme by Sir Alexander 
Malet, Bart., B.A. (Bell and Daldy, 1860, 4to.) 
t Reg. iv., c. xi. 
J Ingulph's " History of Croyland," p. 138. Bohn's Ed. 


such a token seen in the heavens as no man ever saw before. 
Some men said it was cometa, the star, which some men called 
the haired star, and it appeared first on the eve of Litania 
Major, the 8th before the Kalends of May [24th April], and 
so shone seven nights." Whether this comet appeared, as 
was the belief of that superstitious age, to indicate war and 
carnage is very questionable. However, war and bloodshed 
speedily followed. The tapestry exhibits the comet and the 
great consternation which it caused among the people. Isti 
mirant stdld, "They marvel at the star." On the right 
sits Harold, listening, as some suppose, to the intelligence 
communicated by the messenger sent to report the landing 
of Tostig and the Norwegians. Others think that it is 
intended to represent that which has already been stated 
with reference to Harold and William. See Guillaume de 
Jumi&ges, Matt West., Tib. B. i., Cott. MSS., and " Journal of 
the Archaeological Association," vol. xxiii. 


It appears that just before the king had measured his strength 
with the Normans he was called upon to defend himself 
from the attacks of Tostig, or Tosti, his younger brother, 
and the Norwegian army. Tostig had been created Earl of 
Northumberland by Edward the Confessor, but was ejected 
by the inhabitants, who would not tolerate the tyranny of 
his government. Upon the accession of Harold, Tostig, now 
an exile, resolved to gratify his revenge by attacking England ; 
and being connected in marriage with Duke William, he 
made an offer of his services to that prince, which, of course, 
were readily accepted. William immediately placed him as 
head of the great fleet which was manned with Flemings, 
and which, in the month of April, 1066, appeared off the 
Isle of Wight, where he landed, and after having ravaged 
the coast and supplied himself with necessaries, he proceeded 
toward the port of Sandwich. By this time Harold 
was in London, and had made great preparations to oppose 
the Norman invaders. He despatched at once a naval force 


of some power, besides a formidable troop of horses to defend 
the Kentish coast.* As soon as Tostig heard of Harold's army 
approaching he made a hasty retreat from Sandwich, with a 
view to return to Normandy, but the wind proving unfavour- 
able he was obliged to enter the river Humber ; there he 
speedily disembarked, and ravaged its banks on each side. 
Here he was attacked by the Earls Edwin and Morcar, and 
was compelled to fly with only twelve out of sixty ships with 
which he had entered the river. Tostig at this juncture 
solicited the aid of Svend, King of Denmark, but was refused. 
However, Malcolm Canmore, King of Scotland, received him, 
and with whom he stayed during the summer. The refugee 
then applied to Harold Hardrada, son of Sigurd, King of 
Norway, for assistance, and was successful, but eventually 
became the vassal of this monarch by promising him half of 
the island which he had been attempting to invade. After 
these transactions the Norwegian king arrived at the mouth 
of the river Tyne with a powerful fleet of more than 500 great 
ships. Tostig united with the king's fleet according to pre- 
vious arrangements, and they both landed their troops at a 
place called Richall. As soon as Harold heard of this he 
marched with great speed towards Northumbria, but before 
he had arrived the two valiant brothers, Edwin and Morcar, 
at the head of a large army, fought a severe battle with the 
Norwegians on the northern bank of the river Ouse at Fulford, 
near York.t This occurred on Wednesday, September 20, 
1066, being the eve of the feast of St. Matthew the Apostle. 
The 25 th day of September, 1066, we are told was fine, and 
the sun shone as bright as in midsummer. The Norwegians 
had now landed on the field with the expectation of receiving 
the hostages from York, and were firm in the confidence of 
victory. They laid their armour aside and took only their 
swords, spears, shields, and helmets ; some had bows and 
arrows, and all were extremely merry. J The Rev. F. H. 
Arnold, M. A, tells us that the Norwegians " were flushed 

* Cochrane's Quarterly Review, 1835, p. 312. 
t Florence of Worcester Chronicle, p. 169. + Heimskringler. 


with success, and fancied that the cloud of dust raised by the 
approaching Saxons was caused by the men of York, whom 
they were awaiting ; a line of steel soon betokened the van- 
guard of an army." 

Tostig after this was speedily killed, and the Norwegians 
renewing the contest for the third time were defeated with 
great slaughter. Heaps of bleached bones remained long 
after, a memorial to the passer by of the terrible conflict 
Harold treated the Norwegians with much clemency.* Not- 
withstanding the complete victory gained by Harold, he 
allowed Hardrada's sons, Olaf and Paul, Earl of the Isle of 
Orkney, who had been sent with part of the army to guard 
the ships, to return to their own country with twenty ships 
and the remnant of their army, having first received from them 
their hostages and oaths for their future good behaviour.t 
Henry of Huntingdon records that the whole army were 
either slaughtered, or taken prisoners and burnt. Wendover 
says that after the battle, Harold, King of England, appro- 
priated to his own use the booty and spoils without allowing 
any one to share with him, which so disgusted his army that 
they unanimously forsook him. J Most of the early writers are 
silent on this point. Rapin thought that in this particular 
" Harold deviated from his usual generosity." This is no doubt 
correct. Having thus dwelt at some length on the earlier 
and perhaps less known part of Harold's career, it will be well 
to hasten to notice the great and decisive battle of Hastings, 
in which the noble monarch terminated his life. 


On the 1 3th day of October, A.D. 1066, while Harold 
was rejoicing in the victory over the Norwegians which he 
had but just gained, a horseman, who had ridden day and 
night from Hastings, brought him intelligence of the landing 

* Roger Hovenden states that Hardrada, or Harfager, and Tostig were 
slain " with the edge of the sword." 

t Roger de Hovenden Annals, and Florence of Worcester . 
J " Flowers of History, vol. i., p. 327." A THANE of Sussex. 


and strength of the invading army. Harold is said to have 
been at York when he received the news, but it appears from 
the best authority that he had left York some little time, and 
was staying at Waltham when he received the mournful intel- 
ligence;* and this statement cannot be entirely disregarded, 
as there is early documentary evidence to prove that he rested at 
Waltham the night before the battle, in a house which he 
himself had founded a short time previously, and where he 
offered up his orisons, and vowed that if he should be spared 
to return with victory, he would greatly enlarge the posses- 
sion of that establishment, for he was hurried into a position 
at the death of Edward which left him no time to carry out 
his previous intentions respecting Waltham the spot which 
he had chosen for the "scene of his scanty relaxations." 
When Harold left Waltham never more to return alive the 
two canons, Osgod and Ailric, accompanied him, by command 
of the dean and chapter of the house of Waltham, for the 
purpose of bringing back his body should he be slain in 
battle, t " Master Wace," in his early chronicle, has given a 
verbal description of the fight on the field of Senlac, which is 
now printed and illustrated with many striking features of 
the great contest from the Bayeux tapestry, as stated ante. 
Harold, it appears, conducted his journey with too much 
haste for his own interest, for when he arrived near the shores 
of Sussex,he had been joined by not more than half his army 
(see Cott. MSS. Jul. D. VI. c. xx.). But his hope was that the 
rapidity of his forced marches would enable him to surprise 
his enemies on the night of the I3th of October, or 
early on the ensuing morning of the fatal day. The Nor- 
mans were not aware of his approach ; and so little did they 
anticipate it that a considerable troop had been despatched 
from the camp to collect provisions. Notice of it, however, 
reached William in time to defeat King Harold's projects. 
Harold had materially weakened his land forces by sending 
many of his best men to man a fleet of 700 vessels, with a 
view to hinder the duke's escape by water. This, however, 

* See " Legend of Waltham," Cott. MSS. 
t "De Inventions Sanctae Crucis" (Stubbs), xviii. 


proved to be a great mistake of Harold's, for the fleet had but 
little influence on the impending conflict. Prudence, it seems, 
would have counselled him to open a passage on the 
sea for his enemies' retreat.* Odo, Bishop of Bayeux, 
and Constance, the half-brother of William, assisted by a 
numerous band of ecclesiastics, administered the sacrament of 
which the Norman Duke William partook. In the morning 
the Bishop addressed the army, but in the midst of his speech 
he was interrupted by William Fitz Osborn, who admonished 
him to prepare for battle. He armed himself in such 
haste, that before he was aware of his error, he had reversed 
his breastplate. This circumstance was looked upon by some 
as a favourable omen, observing that the time had come when 
the dukedom should be converted into a kingdom. To add 
confidence to his soldiers, he reminded them of the justice of 
his cause, and hung round his neck the relic upon which 
Harold had sworn to secure England for him.f The Normans 
had a decided superiority over the English in the number and 
equipment of their cavalry, and in the possession of a body 
of experienced archers. J Harold had sent out spies to in- 
spect the invading forces, and William, it is said, knew so well 
his strength and the good appointment of his army, that he 
concealed nothing from the spies, but caused them to be well 
feasted and to be led through his encampment. On their 
return to Harold they magnified what they had seen, and 
added that the faces of the Normans were close shaven, by 
which they resembled an army of warlike priests. Harold is 
said to have laughed at the idea, but remarked that the 

* Turner's " History of England," vol. ii., p. 406. 

t This refers to a trick of William, related by Hume : " In order to 
render the oath more obligatory, William employed an artifice well suited 
to the ignorance and superstition of the age. He secretly conveyed under 
the altar on which Harold agreed to swear, the relics'of some of the most 
revered martyrs. And when Harold had taken the oath, he showed him 
the relics, and admonished him to observe religiously an engagement 
which had been ratified by so tremendous a sanction." See Matt. 

t The Cott. MSS., Jul. D. 6, f. 101, show that the Norman army was 
four times as numerous as that of Harold. 


priests would prove formidable soldiers. The English did 
not shave the upper lip, but suffered the hair to grow, which 
had been a national custom with the early Britons.* 

Harold and his army occupied the hill-top at Senlac, after- 
wards called Battle, and there it is said spent the night 
in festivity ;f but the Normans who rested on the eminence 
opposite passed the night in devotion. Harold's men for the 
greater part were armed very imperfectly; some had battle- 
axes, in the use of which they were very expert ; and others 
were armed with such inefficient weapons as clubs, slings, and 
even pitchforks. The king observed the deficiency of his 
own troops in number, and so was careful to place them in 
a position where the superiority of the enemy's cavalry would 
be comparatively useless. They were disposed upon the 
summit of an eminence, which upon every side presented an 
abrupt ascent to the attack of the Normans, and yet was 
capacious enough to afford room for the whole of the English 
army, formed as it was into one compact body. The English 
infantry were arranged by Harold into an impenetrable 
wedge. Their shields covered their bodies, their arms wielded 
the battle-axe. Harold, whose courage was equal to his 
dignity, quitted his horse to share the dangers of the battle on 
foot. His brothers, Leofwin and Gurth ("the men of Kent " 
claimed by ancient privilege the honour of standing in the 
front rank, and of commencing the battle), accompanied him ; 
and his banner, in which the figure of a man in combat, woven 
sumptuously with gold and jewels, shone conspicuous to his 
troops, was implanted near him.t The battle was commenced 
by Taillefer, one of the minstrels who had obtained from 
William the honour of striking the first blow, and who ad- 
vanced upon a noble steed, singing as he went the romance of 

* See William of Malmesbury, and Julius Caesar's "Gallic War," lib. 
v. c. p. 14. 

f " Wees-heal " and " Drink-heal " resounded from their tents ; " the 
wine-cups passed gaily round by the smoky blaze of the red watch-fires, 
while the ballad of ribald mirth was loudly sung by the carousers." Pal- 
grave's " History of Normandy," vol. iii. p. 313. 

J Turner's " History of England." 



Rolland and Charlemagne and Oliver,and the heroes who fell at 
Roncesvalles. The infantry and archers by whom the combat 
had been commenced were driven back in confusion by a tre- 
mendous volley of stones and javelins thrown from a consider- 
able eminence. And in spite of the exertions of Duke William 
and of the Bishop of Bayeux, the first line, in which were the 
Bretons and the mercenary soldiers, wavered and fled.* Thus 
the battle raged for some time with the utmost violence on 
both sides. At length the duke, perceiving that large bodies 
from the enemy had broken their ranks in pursuit of his 
flying troops, rode up to the fugitives and checked their 
retreat, loudly threatening them and striking with his lance. 
Taking off his helmet and exposing his naked head, he 
shouted, " See, I am here, I am still living, and by God's help 
I shall yet have the victory ! " The courage of the fugitives 
was quickly restored by the gallant manner and bold speech 
of the duke, and intercepting some thousands of their pursuers 
they cut them down in a moment. In this manner the 
Normans twice again pretending to 'retreat, and when they 
were followed by the English suddenly wheeling their horses, 
cut their pursuers off from the main body, surrounded and 
slew them. The ranks of the English were much thinned by 
these dangerous feints, through which they fell separated 
from each other ; so that when thousands were thus 
slaughtered the Normans attacked the survivors with still 
greater vigour.f Then the ranks met ; a cloud of arrows 
carried death among them ; the clang of sword-strokes 
followed ; helmets gleamed and weapons clashed. But 
Harold had formed his whole army in close column, making 
a rampart which the Normans could not penetrate.^ The 
English banner still proudly waved over a numerous body of 
the flower of the army, who every moment expected that a 
reinforcement of their countrymen would arrive and inspire 
them with fresh vigour. 

* Cochrane, Foreign Quarterly Review, vol. i., pp. 317, 319. 

t " Ordericus Vitalis," vol. i., p. 484. 
+ Henry of Huntingdon, " Chronicles/' p. 212. 


As Eustace, Earl of Boulogne, turned round to the duke 
and advised him to leave the field, an arrow struck him 
between the shoulders, and he was carried from the field 
as it seemed mortally wounded. The contest now was terrible; 
William directed his archers not to shoot horizontally at the 
English, but to discharge their arrows sharply upwards to the 
sky. These fell with fatal effect on the more distant troops. 
The random shots descended like impetuous hail, and one of 
them pierced the gallant Harold in the eye. A furious 
charge of the Normans increased the disorder which the 
wounded king must have occasioned. His pain was great, 
and he was mortally wounded. As the evening closed one of 
the combatants had the brutality to strike into his thigh after 
he was dead, for which William with nobler feelings disgraced 
him on the field.* 

The papal banner was by the Normans directly planted 
where that of Harold had stood, and the English standard 
was sent as an offering from William to the Pope. Baker 
observes that William that day fought so valiantly that he 
had three horses killed under him. But Harold showed no less 
valour in killing many Normans with his own hands. " Till 
at last King Harold, being struck into the brains with an 
arrow, fell down dead ; upon whose falling a base Norman 
soldier cut off one of his thighs while he was yet breathing, 
which Duke William hearing was so much offended that he 
caused the soldier to be disarmed, and with shame cashiered." 

The death of Harold, as caused by an arrow piercing 
his eye, is confirmed by Master Wace, the Norman chronicler ; 
Englished by Sir Alex. Malet : 

" Thus acting, their arrows were all upwards sent, 
And downward came pouring in vengeful descent ; 
Heads and faces were wounded, and eyes were put out, 
They durst not look upward, or turn them about, 
Nor lift up their Vizors, so thick fell the Show'r, 
Like Rain, Tempest driv'n by wind in its Pow'r. 

* " Turner's " History of England," vol. i., p. 414. 


Then it chanc'd that an Arrow which fell from on high, 

Smote Harold the king, and put out his right eye, 

In His agony wrenching the Point from the wound, 

He broke short the shaft, which he dashed to the ground, 

O'ercome with keen anguish, His body all bent, 

His Head wrack'd with pain, on His Buckler He leant ; 

So the English oft said, and the Normans still say, 

That the shaft was well shot which was shot on that day ; 

For they deem'd that the Archer had done a proud thing 

Whose Arrow had put out the Eye of their King." 

Strutt has illustrated the scene of conflict thus : on the 
right is seen the Norman duke mounted on his horse, trapped 
with his arms ; whilst on the other side the unfortunate 
Harold is falling from his horse, having just received his death- 
wound. The illuminator who lived in the reign of Edward I. 
did not attend to the dress and custom of the times which he 
meant to represent ; for the armour, banners, &c., which are 
delineated in the original plate were used in the era in which 
he lived, and not in the time of the Conquest. In the Bayeux 
tapestry Harold is represented as an armed man fallen dead, 
his battle-axe flying from him ("Here Harold king was 
slain"). Another soldier is leaning forward on horseback, 
and wounding his thigh with a sword. 

First among the noble barons present at this remarkable 
battle were Eustace Count de Boulogne, William son of 
Richard Count de Evreux, Geoffrey son of Robert Count de 
Montague, William Fitz Osborn, Robert son of Robert de 
Beaumont, a novice in arms, Aimer, Viscount de Thonars, 
Earl Hugh, the constable, Walter Gifford, and Ralph Toni, 
Hugh de Grant-mesnil, William de Warenne, and many other 
knights, illustrious for their military achievements, and whose 
names merit a record in the annals of history among the 
most famous warriors.* 

Harold fell on St. Calixtus' Day ; " Heu ! Ipsemet cecidit 
crepusculi tempore" says Florence, of Worcester, at the coming 
on of the twilight before the darkness of the Norman century 

* " Ordericus Vitalis, " vol. i. p. 484. 


fell on the ill-fated English.* "This was a fatal day to 
England," says William of Malmesbury, " a melancholy havoc 
of our dear country through its change of masters. For it 
had long since adopted the manners of the Angles, which had 
been very various according to the times." f Long after the 
day of this fatal conflict patriotic superstition believed that its 
bloody traces were still to be seen on the ground which had 
drunk the blood of the warriors of their country. These 
traces are said to have been shown on the heights to the N.W. 
of Hastings, when a little rain had moistened the soil.J 

The Norman conqueror, after gaining possession of the 
battle-field passed the night in a tent which he had caused to 
be erected on the spot ; and where, immediately after, he 
commanded a sacred edifice to be built in commemoration of 
the remarkable event. This he afterwards adorned with a 
variety of presents, and gave it the expressive title of " Battle 
Abbey." But this building, with other contemporary relics 
recording the great battle of Hastings, has fallen a prey to 
the devouring elements of time. William was, in a measure, 
prevented from executing his intentions respecting Battle 
Abbey by death. 

The arms inserted infra were discovered in an initial A, 
in Matthew Paris's Chronicle. The shield of Harold is intro- 
duced between the columns of text, but reversed to betoken 
his death ; vide " Paris Historia Anglorum " (Madden), p. 7). 
The shield of arms of the Conqueror, i.e., gules, three lionsor 
leopards passant gardant or. That borne by Harold ; azure, 
a lion rampant. 


The place of sepulture of this great monarch is a subject 
much controverted in the present day, and there are many 
who appear to be entirely opposed to the most authentic 

*" De Inventione Sanctae Crucis " (Stubbs), 18. 
f Vide W. Malmesbury, p. 278. 
+ " Chronicles of England " (Raymond), p. xxvii. 
" Chronicles of Battle Abbey " (Lower), p. 13. 


version of the story. The writer has lived many years on the 
very verge of where history and tradition point as the burial- 
place of the last of the Saxon kings, and he has long laboured 
to confirm, from documentary and other sources, the truth of 
what he firmly maintains, that Harold was buried at 
Waltham. However, some persons have entirely rejected the 
authority of Malmesbury, Wendover, Matthew of West- 
minster, Wace, Higden, and a host of other later authors, for 
the fabulous story which was current in the twelfth century, 
i. e., that Harold escaped from the field of Senlac, "pierced 
with many wounds, and with the loss of his left eye ; and that 
he ended his days piously and virtuously as an anchorite at 
Chester."* Both Knighton and Brompton quote the same 
legend. William Pictaviensis, chaplain of the Conqueror, 
asserts that William refused the body to his mother, who 
offered its weight in goldf for it, ordering it to be buried on 
the sea-coast. In the Harl. MS. 3/76,]: Gurth, the brother of 
Harold, is said to have escaped alive ; he is represented, in 
his interview with King Henry the Second, to have spoken 
mysteriously respecting Harold, and to have declared that the 
body of that prince was not at Waltham. Sir Henry Ellis, 
quoting this MS., justly observes that the whole was, as we 
shall see presently, the fabrication of one of the secular canons 
who were ejected in I \TJ.\ And it is singular, as Mr. Freeman 
notes, that some of the contemporary English writers are 
silent on the more important points associated with Harold's 
funeral. " England and her king," says this accurate historian, 
"had fallen, and they cared not to dwell on the details of 
sorrow. Not a word as to Harold's burial is to be found in 
the Saxon Chronicle, not a word in our English-hearted 
Florence. The English biographer of Edward, whose precious 
work has just been given to the world by the Master of the 
Rolls, does not even tell us in direct terms that Harold ever 
died or ever reigned ; from him we ask in vain for the burying- 

* Giraldus Cambrensis. (This Mr. Freeman calls " a wretched fable.") 

t Eleven thousand pounds. See Maseres, in his " Gesta Guillelmi." 
J See Vita Haroldi. Note, Malmesbury, p. 235. (Stevenson.) 


place of the second Judas Maccabaeus."* In the Vita Haroldi 
Harold is represented as having been found on the field of 
battle, among the dead and dying, by a Saracen woman, who 
concealed him at Winchester for two years. It then sends 
him on a pilgrimage to Jerusalem and brings him back to 
England to spend a long life in retirement and austere peni- 
tence.f This Life of Harold, says Professor Stubbs, is "a 
curious but entirely untrustworthy legend," written apparently 
to prove that the great king was not buried at Waltham.J If 
we ask the monk of Malmesbury respecting the body of 
Harold, we are told that William surrendered it "to Githa 
(Harold's mother), with the view of its being interred at 
Waltham. Pictavensis informs us that a body, of which the 
features were undistinguishable, but supposed from certain 
tokens to be that of Harold, was found between the corpses 
of his brothers Gurth and Leofwine, and that William caused 
this corpse to be interred in the sands of the sea-shore, saying, 
" Let him guard the coast which he so madly occupied ;" nor 
was the king tempted by the gift of the sorrowing mother, or 
touched by her tears. 

William of Malmesbury, says Mr. Freeman, " does not 
write in the interest of Waltham or of England. He is a 
thoroughly independent witness ; so, I may add, are Wace 
and his brother minstrels. So early and so extensive a fabri- 
cation as their narratives would imply seems to me quite out 
of the question. The most probable solution seems to be that 
Harold was first, by William's order, buried under a cairn, 
' aggere sub lapidum,' on the shore of Sussex, and was after- 
wards more solemnly interred in the minster at Waltham. 
The original order fell in alike with the passion and with the 
policy of the Conqueror ; it suited him to brand the perjurer, 
the excommunicate, the despiser of the holy relics, with eveiy 
possible mark of ignominy. But a season did come when 
William might well be disposed to yield to gentler counsels." 

* Transactions of the Essex Archaeological Society, vol. ii., p. 34. 
f " Odericus Vitalis," vol. i., p. 487. (Bohn.) 

1 " De Inventione Sanctae Crucis," p. xxx. 
Palgrave's " History of Normandy and England," vol. iii., p. 320. 


The abbot of Hyde and his twelve monks made a fruitless 
search for the body of the fallen king. Osegod and Ailric, * 
two of the canons of Waltham who watched the battle, were 
engaged in the same pursuit, but their efforts were without 
effect. " The find " was in reserve for Eadgyth Swanneshals 
(Edith-with-the-swan's-neck), Harold's wife, or " old love," 
who readily distinguished the mutilated corpse among the 
loathsome heaps of the unburied, from certain marks upon it 
well known to her. This body, as being that of Harold's, was 
brought to Waltham, and there entombed at the east end of 
the choir, with great honour and solemnity, many Norman 
nobles assisting in the requiem. Robert of Gloucester, a 
monk living at the time of the battle of Evesham, records the 
fact in his famous Chronicle : 

metier foot ijgt gone foil gerne ftgm fcgggote, 
meggagerg, & largelgrfje Ijgm beto of fyer tfjgnge, 
grante ijgre gone 6otig anertfje fcor to forgnge, 

gt gmte tjgr fcagtt gnou fogtfjoete ntgftgnge foaraore, 
&a tfjat gt toaa fcorn fjgre fcoiilj gret fjonour g fiore, 
2Eo t^e fjaus of ^ffiialtam, & sbrogt amrtfje t^ete, 
In tlje fjolj rotiE Cfjgrrije, t^at fje let Jg^ gulf rm." 

The historian Speed, quoting from the Cottonian MSS., 

" The mother of the slain king did not so well moderate her 
womanlypassions as to receive either comfort orcounsell of her friends, 
the dead body of her sonne shee greatly desired, and to that end 
she send to the conqueror two sage brethren of his abbey at Waltham, 
who had accompanied him to his unfortunate expedition. Their 
names (as I find them recorded in an olde manuscript) were Osegod 
and Ailric, whose message to the conqueror, not without abundance 
of tears, and feare, is there set downe in the tenour as followeth : 
' Noble duke, and ere long to be a most great and mightie king ; 
we thy most humble servants, destitute of all comfort (as we would 
we were also of life), are come to thee as sent from our brethren 
whom this dead king hath placed in the monastery of Waltham, to 
attend the issue of the late dreadfull battaile (wherein God favouring 

* Ailric was a childemaister or schoolmaster of the abbey, appointed 
by Harold. 


thy quarrell, he is now taken away, and dead, which was our greatest 
comforter, and by whose onely bountifull goodnesse, we were relieved 
and maintained, whom hee had placed to serve God in that church. 
Wherefore wee most humbly request thee (now our dread Lord by 
that gracious favour which the Lord of lords hath showed unto thee, 
and for the reliefe of their soules who in this quarrell have ended their 
dayes,) that it may be lawfull for us by thy good leave, safely to take 
and carry away with us the dead body of the king, the founder and 
builder of our church and monasterie ; as also the bodies of such 
others, as who, for the reverence of him, and for his sake, desired also 
to be buried with us, that the state of our Church by their helpe 
strengthened may be the stronger and indure the firmer.' With whose 
so humble a request and abund tearss, the victorious and worthy 
duke moned and answered. ' Your king (said he), unmindful of his 
faith, although he have for the present endured the worthy punish- 
ment of his fault, yet hath he not therefore deserved to want the 
honour of a sepulchre or to lie unburied were it, but that he died a 
king howsoever he came by the kingdom, my purpose is for the 
reverence of him, and for the health of them who having left their 
wives and possessions have here a church and a monastery, with an 
hundred monkes to pray for them for ever ; and the same Church 
to bury your king above the rest, with all honour into so great a 
prince, and for his sake to endow the same with great reverences ; ' 
with which his courteous speech and promises the two religious 
fathers comforted and encouraged again replied, ' Not so, noble duke, 
but grant this thy seruants most humble request, that we may, for 
God, by thy leave receive the dead body of our founder, and to bury 
it in the place which himself in his lifetime appointed, that wee 
cheered with the presence of his body may thereof take comfort, and 
that his tomb may be unto our successors a perpetuall monument 
of his remembrance.' The duke, as he was of disposition gracious 
and inclined to mercy, forthwith granted their desires." * 

In order to confirm the truth of the above, the writer deems 
it expedient to cite Wace and other early chroniclers. The 
Waltham manuscript " De Inventione Sanctce Crucis" contains 
the detailed account of the two canons, how they were sent 
to watch the progress of the battle, and how they searched 
for the mangled body of Harold (ante). Wace says, (see the 

* Vide " Speed's History of Great Britain," p. 409. 


edition of 1837) "King Harold was carried and buried at 
Varham (Waltham) but I know not who buried him." 

"Li Reis Heraut fu enterrez, 
E a Varham fu enterrez." 

Which is Englished thus 

" King Harold himself (though I know not by whom) 
To Waltham was carry'd and laid in the tomb." 

A. le Prevost, commenting on the mode in which the body 
of Harold was disposed of, remarks* on the difference of terms 
employed by William of Poitiers and Ordericus Vitalis in nar- 
rating the same event. M. le Prevost observes that, according 
to William of Poitiers, the conqueror after much entreaty 
refused to give up the body to Harold's mother, and granted 
it to William Malet. Ordericus Vitalis says that the body was 
handed over (traditus est] to Malet. Monsieur A. le Prevost 
says he prefers the phrase of Ordericus Vitalis, not seeing any 
motive arising from particular relations ({' rapports particulars"} 
between Harold and William Malet to induce the latter to 
make the demand implied by the term " granted," employed 
by William of Poitiers. M. le Prevost, however, adopts (says 
the translator of Wace) the prevailing tradition that Harold's 
body was confided to Malet, and also that the interment 
was at Waltham : founding his belief on the concurrent 
testimony of William of Malmesbury, and the Cott. MS. 
Jul. D., vi., of Waltham in the British Museum. The editor of 
Wace considers the reason to be a simple one, why the body of 
Harold should be granted to Malet. On one hand Malet was 
uncle to Harold's queen Alditha, and on the other he was 
related to William of Normandy by his marriage with Hesilia 
Crespin." t Benoit de St. More writes in confirmation of this 
that the body of Harold was granted " to W. Malet, at his 
earnest prayer, with permission to bury it where he pleased." 
The anonymous continuer of Bede's Chronicle says, 

* See M. Pluquet's ed., vol. ii. pp. 205, 6. 

f See Master Wace's "Conquest of England" (Malet, 1860, 410), 
Appendix I. 


" Corpus Heroldi, matri petenti sine pretio misit, licet ilia per legates 
multum obtulisset. Acceptum itaque apud Waltham sepelivit : quant 
ipse Ecclesiam ex proprio constructam in honore sanctce crucis Canonicis 
inplevcrat? Hygden follows in the wake : " Corpus Haroldi matri 
ejus id deposcenti, sine pretiis misif, quod ipsa apud Waltham 
Monasterium Canonicorum quod ipse fundaverat sepelivit" This is 
confirmed in volume three of the " Eulogium (Historiarum sive 
Temporis) : Chronicon ab orbe condito usque ad annum Domini 
M.CCC.LXVr' (p. 38). 

The same has been recorded by Johannes de Oxenedes in his 
Chronica (edited by Sir Henry Ellis, p. 38). " Corpus vero 
Haraldi apud Waltham sepultus est, in ecclesia quam ipse ex 
proprio construxerat." A poet of the thirteenth century 
writes (4635) 

" Through the prayer of his mother, 
The body was carried on a bier ; 
At Waltham it is placed in the tomb 
For he was founder of the house." * 

An early work, supposed to have been written by Peter, of 
Ickham, relates, 

" Le rei Harald cant il fust counte fist le eglise de la Sainte Croiz de 
Waltham hu son cars fu porte a pres la bataille, par le grant le due 
Willame a la priere sa mere" 


King Harold when he was earl built the church of St. Cross, at 
Waltham, whither his body was carried after the battle, by the favour 
of Duke William to his mother's prayer."f 

See also Chronica Monasterii S. Albani, " Anno Gratice 
Millesimo sexagesimo sexto, Haraldus filius Godwyni, die sexto 
Januarii, seipsum apud Westmonasterium Coronavit, qui, in 
octavo-decimo die Octobris in bello occisus, apud Waltham juxta 
Londonias tumulatur.\ (See Malmesbury, ii., 420.) Et jacet 
sepultus in ecclesia canonicorum quam ipse fundaverat apud 

* Lives of Edward the Confessor, &c., Ed. by H. R. Luard, (M.A.), p. 309 

t " Le Livere de Reis de Brittaine" (Glover), p. 136. 

J Rishanger, Chron. Mon. S. Albani. Chronica et Annales (Riley), 
P- 427- 


Waltham* In the Annales de Wintonia, edited by Luard, p. 
27, we have Harold after the battle quo sepulto apud Wautham 
(Waltham). Roger Wendover, well known as the author of 
" The Flowers of History," who flourished in the reign of King 
John, affirms that Harold's mother requested the body of her 
son, and William sent it to her without a ransom. The 
Chronicle written by Fabyan in the latter end of the fifteenth 
century remarks, 

" Thus whan Harolde hadde ruled the lande, &c., he was slayne 
and was buryed at the monastery of the Holy Crosse of Waltham, 
which he before had founded and sette therein chanons and gave 
vnto them fayre possessyons. And here endeth for a tyme ye blod of 

Strutt, quoting from an old work, notes, " Harold lies buried 
at Waltham/'f Dr. T. Fuller says, " Let not therefore the 
village of Harold on the north side of Ouse, near Bedford, 
(properly Harewood or Harelswood, on vulgar groundless 
tradition), contest with Waltham for this king's interment." | 
The early biographer of Harold (and monk of Waltham) " is 
driven," says Mr. Freeman, 

' to a very lame device indeed. He had to reconcile his beloved 
fiction of Harold's escape with the tradition of his abbey which 
boasted of Harold's tomb. He is therefore driven to suppose that 
Eadyth found,' and the chapter of Waltham buried a wrong, an 
intruding supposititious carcase, which down to his own time had 
usurped the sepulchral honours of the last of the Saxon kings. Now 
this kind of stuff is simply abominable. It is neither history, nor 
romance, nor criticism, nor anything else, but simply a cock-and-bull 
story of the poorest kind." " To reconcile the details of the story 
of the * De Inventione ' with the narrative of William of Poiton and 
the Carmen is quite impossible. The mission of Osgod and 
Ailric, and the intervention of Eadyth, at once become mythical. 
Pure invention they probably are not ; the story has that local and 
personal circumstantiality which seems to imply some groundwork 

* " Annales de Bermundeseia " (Luard), p. 424. 

f See " Regal and Ecclesiastical Antiquities of England," p. 6. 

J " History of Waltham," p. 259. (Ed. 1840.) 


of truth. Indeed the fact mentioned by William of Poiton that 
Harold was ' quibusdam signis nequaquam facie, recognitus] curiously 
enough agrees with the Waltham tale of Eadyth. But that tale as 
a whole cannot stand ; the search and discovery by Eadyth and the 
two canons clearly did not lead to an immediate burial at Waltham. 
But that Harold was, after all, really buried in his own minster I am 
strongly inclined to believe. If he was not, how did the tale arise ? A 
tomb of Harold was one which there was very little temptation to forge. 
" Harold was not an acknowledged saint, whose burial-place would 
be a profitable place of pilgrimage. In the days of the Conquest 
any attempt of the kind would have been put down with a strong 
hand. When the tomb of Waltheof at Croyland became the scene 
of miracle and pilgrimage, the Conqueror acted as vigorously as the 
more recent French potentate 

' De par le Roi, defense a Dieu 
De faire miracle en ce lieu.' 

" An imaginary tomb of Harold could only have been set up from 
motives strongly tinged with political feeling, which would have at 
once kindled the wrath of the Norman Government. In later times, 
when Norman fiction had had its own way, when Harold's name had 
been effectually branded as perjurer and usurper, such a fabrication 
would have been still less likely. But we need not inquire into this, 
as Malmesbury shows that it was currently believed in the first half of 
the twelfth century that Harold was buried at Waltham." * 

Much bf interest on Harold's burial will be found in 
the works of Camden, Rapin, Thoyras, Rastell, Tyrrell, 
Keighley, Turner, Lingard, Hume, Stow, and others. 
The critical remarks on Lappenberg's " History of England," 
given in the Quarterly Review for 1835, are well worthy of 
a place here in extensis, likewise the MS. ballad quoted by 
the late Dr. Beattie on the Battle of Hastings and burial of 
Harold, but space forbids. (See "History of Castles and 

Although little dependence as a rule can be placed on 
the unlimited licence which all poets exercise as regard 
style and colour of character, yet from the more sober and 
less sentimental accounts already given on the burial of Eng- 

* " Transactions of the Essex Archaeological Society," vol. ii., p. 36. 


land's great king, there is really good ground for the belief that 
his remains were interred within the precincts of the church 
of Waltham, " which he let himself rear." Yet at the present 
day it is by no means easy to determine the exact spot of his 
first or last interment It is possible that during the several 
alterations which took place in the abbey church from the 
Norman conquest to the accession of King Henry the Second, 
the body of Harold may have been removed from its 
original position. The writer in the " De Inventione," specifies 
that the tomb of Harold was near the high altar, and " at the 
translation of whose body for the third time, according as the 
state of the building of the church was such as to admit it, or 
the devotion of the brethren showing reverence to the body 
demanded it, I can just remember to have been present 

" This Kyng Herolde at Waltham, which he found 
Of foure score chanons, full fayer was buryed 
At [the] hye aulter, and as a kyng was crownde, 
All yf he were intrusor notifyed, 
And in batayl slayne and victoryed 
Of gentylnesse the Conquerour had so, 
All yf he were afore his mortal fo." 

Historians of the seventeenth and eighteenth centuries have 
come to the conclusion on the statement made by Dr. 
Fuller that Harold " was buried where now (1655) the Earl 
of Carlisle's t leaden fountain in his garden, then probably the 
end of the choir, or rather some eastern chapel beyond it; his 
tomb of plain but rich grey marble, with what seemeth a 
cross-floree (but much descanted on with art) upon the same, 
supported with pillarets, one pedestal whereof I have in my 
house." % There is still preserved in the north aisle of the 
church a coffin-shaped stone of very early date ; on the centre 
is a cross in relief, nearly the full length and width of slab. 

* " De Inventione Sanctae Crucis." p. 31 (Stubbs). 
f James Hay, who attended James I. from Scotland on his accession 
to the throne. 


This stone measures six feet nine inches in length, thirteen 
inches wide at the feet, and much wider at the head ; it is not 
early enough for Harold, although some might suppose it to 
have been the one described by Fuller. The stone which 
Fuller says was in " my .house," and purporting to be a portion 
of Harold's tomb, is now in the possession of Mr. William 
Robert Clark, of Waltham Abbey. 


Some persons have thought that the fragment of ironstone 
or Purbeck marble in question is not from Harold's tomb, but 
simph* a part of the Earl's fountain ; no doubt it formed an 
ornamental part of the fountain ; but Fuller knew its history 
too well to suppose that it was carved on purpose for his 
worthy patron's garden fountain. Mr. Farmer, nearly one 
hundred years later, says this fragment "I have now (1735) 
in my house." It is " a curious face or bust of grey marble 
which by tradition always was, and is to this day esteemed to 
be part of King Harold's tomb. This old townsman (author 
of " History of Waltham Abbey," &c.), says respecting Harold, 
" It is without dispute that he was buried in the garden under 
a leaden fountain, where now there is a bowling-green, which 
formerly belonged to the Earl of Carlisle." * We come 
nearer to the supposed spot where Harold was buried as 
described by Taylor 

" In Waltham Abbey on St. Agnes' Eve 
A stately corpse lay stretched upon a bier. 
The arms were cross'd upon the breast ; the face, 
Uncover'd by the taper's trembling light, 
Show'd dimly the pale majesty severe 
Of him whom death, and not the Norman Duke 
Had conquered ; him the noblest and the last 
Of Saxon kings ; save one the noblest he ; 
The last of all." f 

* " History of Waltham " (Farmer, 1735, 8vo). 
^Edinburgh Review, vol.lxxxix.,p.358. Taylor's " Eve of the Conquest." 


Both history and tradition determine the sacred place as 
being about one hundred and twenty feet from the east end of 
the church, the place of sepulture of ecclesiastics and men 
of high repute in the Middle Ages. If in a direct line from 
the great centre aisle of the church, it would suggest the 
probability of the tomb being near the grave of Mr. Jessop 
or that of Col. S. C. Edenborough, J.P. All that part of 
the churchyard on which stood the ancient choir of Harold's 
church, and now called " the new ground," was evidently 
used as a garden- by the Earl of Carlisle and Sir Edward 
Denny, temp, James I. and Charles I. It was first used as a 
common burial-ground early in the present century, by grant 
of Sir William Wake, Bart., the then lord of the manor, 
because the parishioners had not sufficient room in the old 
churchyard for interments. 


WEAVER gives half a dozen lines " of barbarous Latin," 
expressive of the two words, Harold infelix. These are taken 
from the Harl. MSS., 3776, which once belonged to the 
Abbey : 

" Heu cadis hoste fero, Rex, a Duce Rege future, 
Par paris in gladio, Milite et valido. 
Firmini justi lux est tibi, luce Calixti; 
Pronior hinc superas, hinc superatus eras. 
Ergo tibi requiem deposcat utrumq. ; perennem, 
Sicque precetur eum, quod colit omne Deum." 

Farmer has rendered the words thus : 

" A fierce foe thee slew, thou a king, he a king in view, 
Both peers, both peerless, both feared, and both fearless ; 
That sad day was mixed by Firmin and Calixt ; 
Th' one helpt thee to vanquish, t'other made thee languish, 
Both now for thee pray, and thy requiem say, 
So let good men all to God for thee call." 



SOME very interesting particulars relative to the remains of 
"Harold (as Farmer suggests) are given by Fuller in his 
" Worthies of England."* According to the account given by 
Thomas Smith (an old inhabitant of Waltham, who died 
1 6th June, 1604), a stone coffin of considerable antiquity was 
discovered near the foundations of the Abbey Church, late in 
the sixteenth century. Fuller gives the account as follows : 
" The ensuing relation written by the pen of Master Thomas 
Smith, of Sewardstone, in the parish of Waltham Abbey, a 
discreet person not long since deceased : ' It so fell out that I 
served Sir Edward Denny (towards the latter end of the reign 
of Queen Elizabeth of blessed memory), who lived in the 
abbey of Waltham Cross, in the county of Essex, which at 
that time lay in ruinous heaps ; and then Sir Edward began 
slowly now and then to make even and re-edify some of that 
chaos. In doing whereof, Tomkins, his gardener, came to 
discover (among other things) a fair marble stone, the cover 
of a tomb hewed out in hard stone. This cover with some 
help he removed from off the tomb, which having done, there 
appeared to the view of the gardener and Master Baker, t 
minister of the town (who died long since), and to myself, and 
Master Henry Knagg* (Sir Edward's Bailiff) the anatomy 
of a man lying in the tomb above said, only the bones 
remaining, bone to his bone, not one bone dislocated. In 
observation whereof we wondered to see the bones still 
remaining in such due order, and no dust or other filth 
besides them to be seen in the tomb. We could not conceive 
that it had been an anatomy of bones only, laid at first 
in to tomb. Yet if it had been the whole carcass of a man, 
what became of his flesh and entrails ? For (as I have said 
above), the tomb was clean from all filth and dust besides 

* Vide p. 320. 
f Curate of Waltham. Died April 24, 1604. 


bones. This, when we had all observed, I told them that if 
they did but touch and part thereof that all would fall asunder 
for I had only heard somewhat formally of the like accident. 
Trial was made, and so it came to pass. For my own part I 
am persuaded that the flesh of this anatomy to us became 
invisible so likewise would the bones have been in some 
longer continuance of time. Oh ! what is man then, which 
vanisheth thus away like unto smoke or vapour and is no 
more seen ? Whosoever thou art that shall read this passage 
thou mayest find cause of humility sufficient.' " 

Farmer considers this coffin to have been that of Harold's 
But Gough, the great antiquary, has done his best to overturn 
all that has been written respecting the remains of the great 
Saxon king being discovered at Waltham. He criticises the 
words of Fuller (ante) in the following manner : " The 
different accounts of the tomb ascribed to Harold at Waltham 
Abbey serve but to increase the suspicion that it was that of 
some religious of the house. Fuller says, ' It was of plain but 
rich grey marble, with what seemed a cross fleury, but much 
descanted, by art upon the same.' By his Pillorets, ' one 
pedestal whereof he had in his house,' it should seem to have 
been a coffin-fashioned monument raised from the ground, 
a circumstance not unusual at that time. Such perhaps are 
represented on the tomb of Henry I., fourth Duke of Lovain 
and Brabant, 1235, in St. Peter's Church at Lovain ; and such 
occur among ourselves, particularly in a north chapel at 
Southwell, and the tomb of Archbishop Sewal at York, 1258. 
The situation of the tomb assigned by Fuller, then probably 
the east end of the choir, or rather some eastern chapel 
beyond it,' is not favourable to his appropriation of the tomb, 
being neither the place for founders or benefactors, nor kings ; 
but rather some lady chapel, or continuation of the choir 
eastward. Such a coffin with a cross rather betone was found, 
1787, in the north wall of the choir, with a leaden coffin 
shorter than it by eleven inches within it."* 

The same writer, speaking of the fragment of stone carving 
* Cough's " Funeral Monuments," vol. ii., part i., p. 105. 


connected with the Earl of Carlisle's fountain, remarks that 
" the fragments in question were accompanied with a pedestal 
of the same marble, about fourteen inches square and nineteen 
high, having on two of the sides two lions rampant against 
a wheatsheaf, the crest of Cecil, and other ornaments ; on the 
other two sides, and through one of the corners a hole, as for 
a pipe. From the particulars of the cross flueri one might 
refer the coffin to an abbot." 

In 1786 a coffin of Purbeck marble was discovered in the 
foundation of the north pillars of the choir. It measured 
seven feet and a half long by two feet five inches wide at the 
head, and nineteen and a half at the feet, three inches and a 
half thick, and eleven deep, shaped at the shoulders. Within 
it lay a shell of thin sheet lead shaped to the body, the feet 
turning up, and over the face a cross faintly marked on the 
head. As soon as the lead was opened the corpse, which 
before was perfectly whole, fell to pieces. The lid of the 
stone coffin was six inches thick, carved with a cross boton. 
The distance at which this coffin lay from the present east 
wall of the church (the north pillar of the centre tower) is 
about 260 feet, so that allowing the tower to have been thirty 
feet square, the length of the choir will have measured 230 
feet. The fragments of the skeleton and leaden wrapper were 
gradually taken away by the spectators, notwithstanding, says 
Gough, the resolution of placing both them and the stone in 
the church. 

The history in brief of this remarkable piece of stone will no 
doubt be interesting to many local readers. For a century or 
more after the dissolution of the monastery this ancient relic 
served as an ornament in the abbey gardens belonging to the 
Denny family (1655). Dr. Thomas Fuller, the famous historian 
and curate of Waltham, possessed it for some time, and 
possibly he may have left it in the parsonage-house when he. 
removed from the town. Dr. Uvedale, master of the grammar 
school at Enfield (in 1670), saw it at " Waltham Mill ; " that 
is, it was no doubt placed near the corn mill adjoining the 
abbey, for we find it inserted in the wall at the entrance of 


the underground passage near the church. John Farmer, the 
historian of this parish, possessed it in 1735, and it was fixed 
in the wall of his house on the " Bank," in Highbridge Street* 
In 1768 it found its way to the great hall of the old Abbey 
House. This house was destroyed by fire late in the last 
century, but the relic was preserved. Gough, the antiquary, 
who was always on the look-out for fragments of the kind, 
possessed it. In 1780 he tells us that he received it by favour 
of Sir William Wake, baronet. The fragment, however, more 
than half a century since found its way back to Waltham 
Abbey, and has been in the possession of W. R. Clark, Esq., of 
this parish, for upwards of forty years. It has the appearance 
of dark ironstone, extremely hard, and has suffered from very 
rough usage at some early period. 

Mr. Gough, the antiquary, had another interesting relic 
belonging to this abbey, namely, the monumental brass from 
the tomb of one of the Waltham abbots, but what became of 
it afterwards is not known. 

Within the communion rails is the tomb of an abbot of 
some antiquity. It was once adorned with a fine monumental 
brass, which has long been missing ; probably that possessed 
by the antiquary Gough is the identical one. Round the 
verge of this incised slab is an inscription in Lombardic 
characters, but so worn and disfigured that no one can 
decipher its meaning. Another stone adjoining it, and partly 
hid by the rails, bears the following inscription : 

" Hie Haroldi in Ccenobio 
Carnis Resurrectionem. 
Expectat Jacobus Raphael 
Demum Scotus, demum Anglus, 

Denique nihil. 
Anno aetat, 70 

Obit Mar. 30 Anno 1686. 

* Years ago the houses in Highbridge Street, called the "Bank," stood 
much higher than the road, and a ditch ran along in front of them. 


The epitaph may be Englished thus : 
" Here in Harold's tomb 
James Raphael ; 

A Frenchman, 
Claimed both by Scotland and England 

But now nothing. 

Awaits the resurrection of the body.... 
Died March 30, 1686, 
In the 7oth year of his age."* 

There are but few representations of Harold besides those 
on the Bayeux tapestry and his coins. A portrait of the 
monarch may be seen in an illuminated MS. Prayer Book, 
written in England about the eleventh century. It is given 
in Montfaucon's "Antiquities" and Ogbourn's "Hist. Essex." 
Harold is sitting on his throne, holding in his right hand a 
military banner, and in his left a sceptre surmounted by a 
dove. On each side of the throne is a stand, on which lies a 
book open, and near each stand or lectern an angel or saint 
with his hand elevated, is bestowing the benediction. Dr. 
Fuller states that a "picture of King Harold in glass was 
lately to be seen in the north window of the church, till ten 
years since some barbarous hand beat it down, under the 
notion of superstition. Surely, had such ignorant persons 
been employed in the days of Hezekiah to purge the temple 
from the former idolatry, under the pretence thereof they 
would have rended off the lily-work from the pillars, and the 
lions, oxen, and cherubim from the bases of brass. However, 
there is still a place called Harold's Park in our parish (of 
Waltham) by him so denominated." It appears that in 1642 
the churchwardens' account-book suffered much by " the 
soldiers," a note to the effect is written on the margin. Several 
leaves are torn out. Probably about this time Harold's 
picture was destroyed. 


The offspring of Harold claim our attention in these pages. 
Their names are mentioned in the preceding narrative. His 

* The parish register records the burial of James Raphael, April ist, 1686. 


sons were Godwine, Eadmund, Magnus, and Ulf, or Wulf, 
his daughters Gytha and Gunhild. It is generally believed 
that these four sons and two daughters were the issue of 
Eadgyth Swanneshals. Not one of the family appears to have 
been exalted to anything like the position of their father. 
Godwine held two lordships in Somerset, and his name is 
recorded in Domesday together with Eadmund and Magnus. 
The two last-named are less known in history than even 
Godwine, on account of their being but youths when their 
father died. Ulf or Wulf was imprisoned in Normandy, and 
afterwards released by the Conqueror on his death-bed. 
Much more is said of this individual of a very conjectural 
nature. Gunhild, it is said, was cured of sickness by St. Wulf- 
stan ; this story is told by several early writers, but when and 
in what way we are not in a position to say. Gunhild is 
supposed to have held seven hides of land in Sussex of 
Harold. Gytha married Waldimar, King of Holingard, by 
whom she had a son named Harold, from whose daughters, 
Malfrid and Ingibiorg, most of the kings of the north 
appear to have sprung.* 


Harold's coins are said to be numerous, considering the 
shortness of his reign. Nearly one hundred varieties of 
moneyers' names have been found upon them ; and he seems to 
be the only king who could always spell the word right. The 
correctness of the appropriation of his coins is unquestionable 
from the close resemblance of the head to that of the 
Conqueror, and from circumstances of their having been twice 
found in lots which contained no other coins except those of 
Edward the Confessor and William the Conqueror.f 

The penny of Harold bears on the reverse the mint and 
the moneyer, and the type always consists of the word 
"PAX," written across the field; obv., HAROLD REX ANGL. 

* See Freeman's " Norman Conquest." 
f " Silver Coins " (Hawkins), p. 74. 


Bearded bust with a ducal cap to the left ; before, a sceptre ; 
rev. SNAEBEORN ON EON (Exeter) ? And across the field, 
a tablet inscribed, PAX. The inner circle and the tablet com- 
posed of rows of dots or pellets.* How this singular word 
came to be placed on the reverse of this king, as also on that 
of Edward the Confessor, William I., and Henry I., and of no 
other, may be a matter of curious speculation to the antiquary. 
The opinion of Sir Andrew Fountaine in Hick's "Thesaurus," 
and of Mr. Walker in Camden's " Britannia," who concur in 
attributing to the son of Canute the pennies of Harold with 
PAX on the reverse, is now generally deemed erroneous.t On 
one of the coins the head is to the right with sceptre ; the 
word PAX on the reverse is written retrograde. Harold's 
coins weigh something less than 22 gr. 

* Akerman's " Numismatic Manual," p. 253. 
t '.' Archasologia," vol. iv., p. 359. 






FREEDOM in Europe made a considerable advance in the 
thirteenth century. An interregnum occurred in Germany 
from 1250 to 1273, and during that interval the King of Hun- 
gary and the Count of Holland entirely freed themselves from 
the homage which they had been accustomed to pay to the 
German Emperor. The Hanseatic League was formed at the 
same period between the cities of Lubeck, Cologne, Brunswick, 
and Dantzic, for their mutual defence against the encroach- 
ments of great lords,, and these towns were afterwards joined 
by eighty others. Liberty was purchased for a sum of money 
by the cities of Lombardy, and duly confirmed to those im- 
portant centres of mediaeval civilization. 

In Switzerland at that time the inhabitants of the districts 
bordering on the lake of the four cantons were emerging from 
a state of feudal vassalage to neighbouring nobles, and were 
also struggling against the encroachments of powerful local 
ecclesiastical institutions, which possessed the privilege of 
immunity from taxation. 

The convent of Zurich had much influence in the canton of 
Uri ; the monastery of Einsiedeln, in the canton of Schwyz, 
possessed large estates ; and the convent of Steinen, in the 
same canton, constantly quarrelled with the peasants of its 

A large Swiss landed property belonged to the house of 
Hapsburg. Its chief, the Count of Hapsburg, was landgrave 
of Argovia, and had rights of high jurisdiction in the districts 


of Uri, Schwyz, and Unterwalden. He became Emperor of 
Germany in 1273, and after the conquest of Austria he in- 
vested his eldest son Albert with the Duchy of Austria. 

Adolphus, Count of Nassau, was elected King of the Romans, 
a title which signified that the electors intended him to succeed 
after a vacancy to the empire of Germany. King Adolphus 
gave the Schwyzers a charter, and issued a similar document 
for the inhabitants of Uri. In 1292 Adolphus was raised to 
the imperial throne, and was shortly afterwards deposed by 
the Archbishop of Mayence ; the electors then appointed 
Albert, Duke of Austria, to be King of the Romans. A battle 
between the forces of Albert and Adolphus ensued, in which 
the two rivals met in single combat, and Adolphus was killed. 
In 1303 Albert became Emperor of Germany. His policy in 
Switzerland was to protect the monastic institutions against 
the peasants. As an instance of his power, it may be men- 
tioned that he obliged the inhabitants of Schwyz to give 
compensation for damages to the convent of Schennis by 
fire and robbery. 

Dr. Huber, of the University of Innspruck, in his able 
pamphlet on the forest cantons, gives the following names of 
bailiffs in those districts at the commencement of the four- 
teenth century : 

The noble Werner de Attinghausen acted as bailiff of Uri 
in 1294, in 1301, and in 1308 (the nth November), so that 
probably no interruption of his office had taken place after he 
had succeeded to the knight Arnold de Silenen. In 1302 King 
Albert issued an order to the bailiff Werner de Attinghausen, 
not to molest the convent of Wettingen and its people, in Uri, 
in the enjoyment of their ancient privileges. Hence at that 
time there was no other representative of imperial power 
in the district of Uri but Attinghausen. 

Under Albert a Staufacher appears to have been bailiff in 
the district of Schwyz ; and the two communities of Obwalden 
and Nidwalden were united, with the name of Unterwalden ; 
in Albert's reign the bailiff of the united district was Rudolph 
de Edisried. 


Dr. Huber observes that as the Hapsburgs, in their capacity 
as counts or bailiffs, had high jurisdiction over nearly all the 
inhabitants of the land, whether freemen or people belonging 
to the Church, the amalgamation of the different classes into 
one confederacy was thereby facilitated. 

On the ist May, 1308, the Emperor Albert was murdered 
by his nephew, John. He was succeeded by Count Henry of 
Luxemburg, with the title of Henry VII. 

The new Emperor, Henry VII., confirmed the previous 
charters of FredericII. and King Adolphus, for Uri and 
Schwyz, and placed Unterwalden by a charter in a similarly 
independent position. He appointed Count Werner de 
Homberg to be his bailiff and administrator, but this officer 
was recalled before the end of a year. Probably the forest 
cantons were then placed under the governor of the lands 
south of the Rhine, Count Rudolph of Hapsburg-Laufenburg, 
who was succeeded by Count Eberhard of Biirglen. 

Unterwalden joined the league with Schwyz and Uri. 

In 1313 the Emperor Henry VII. died. During his reign 
the forest cantons had been left to themselves. The commu- 
nity of Uri peaceably adjusted its disputes with the Abbess of 
Zurich, on account of the taxation of her immediate posses- 
sions, and arranged with the monastery of Engelberg about 
their interests connected with the Alps. 

Convents and monasteries in Schwyz seem to have given 
the inhabitants great trouble. In the case of the convent of 
Steinen, the Schwyzers took no notice of the monastic immu- 
nity from taxation, and the Schwyz bailiff seized a horse 
belonging to the convent as a pledge for a tax which the nuns 
of Steinen had refused to pay. Anna, consort of Rudolph, 
the king of the Romans, in 1273 ordered this horse to be 
restored to the convent ; and Rudolph, becoming Emperor, 
declared the convent of Steinen to be under his protection. 

A league was formed early in 1291, after the death of 
Rudolph, between the people of Uri, Schwyz, and Nidwalden, 
with whom, in October of the same year, Zurich became asso- 
ciated. Schwyz became the moving power of the confederacy. 


The death of the Emperor Albert in May, 1308, and the 
favour of his successor, Henry VII., encouraged the Schwyzers 
to enter on a violent course of action against the monastery 
of Einsiedeln. They turned the people of the monastery out 
of its estates, and made inroads, accompanied with murder 
and robbery, into the monastic territory. Three times the 
Schwyzers in armed bands attacked the monastery and 
plundered its cellars. 

During the interregnum which followed Henry's death in 
1313, Twelfth-night was selected by the Schwyzers for a 
night attack on the monastery ; the doors were broken open, 
wine was drunk, and the church was robbed. Holy vessels 
were destroyed, the bones of the saints were torn from their 
tombs and trampled under foot, and the consecrated wafers 
were strewn on the ground. 

At daybreak the Schwyzers returned home with their 
booty, and with the cattle which they had found. They also 
took with them the monks and their servants as prisoners ; 
but on the way they gave the servants freedom for a ransom, 
and detained the monks for twelve weeks, when they allowed 
them to be set at liberty on the intercession of the knight 
Liitold of Regensberg, and of the Counts of Hapsburg and 
Toggenburg, who promised not to do any harm to the 
Schwyzers on account of the imprisonment. 

Fortunately for the Schwyzers, the electors of a new 
emperor were divided in their choice. Part of the electors 
chose Duke Frederic of Austria, and another portion nomi- 
nated Duke Louis of Bavaria. 

In the war which followed these divided counsels, Louis of 
Bavaria rejoiced to find in the forest cantons a powerful ally 
within the Austrian territory ; and when the Abbot of Ein- 
siedeln had excommunicated the Schwyzers, Louis released 
them from the ban of the empire, and persuaded his powerful 
partisan, the Archbishop of Mayence, to promise absolution 
from the sentence of the Church. 

A breach was inevitable with Austria, when the Swiss con- 
federates had openly sided with Louis. An Austrian army 


under Duke Leopold, brother of Frederic, on Nov. I5th ; 
1318, entered the defiles between the Lake of Algeri and 
the Mountain of Morgarten. 

The Austrian soldiers were about to climb that narrow 
mountain road, when suddenly loose stones and trunks of 
trees were rolled on the closely thronged cavalry, by a 
division of peasants arranged on the side of the acclivities- 
The knights had no firm position on the hard frozen ground 
and were completely unable to resist ; whilst the peasants, pro- 
vided with pointed nails on the heels of their shoes, advanced 
with the greatest security. Their halberds, swung by strong 
arms, shattered the firmest armour, and beat everything down. 
Many of the Austrians threw themselves into the lake, and 
the flower of Leopold's knighthood lay dead on the ground. 

The victory of the confederates was celebrated in a devout 
manner ; the free Swiss ascribed the honour to God, and re- 
solved to celebrate the day as a religious festival dedicated 
to the Virgin Mary. A new league was formed among the 
confederate cantons, and a truce was concluded with the 
Duke of Austria. 

Gradually the people of the forest cantons became free 
from every control except the authority of the German 

One of the eye-witnesses of Duke Leopold's return to 
Winterthur, after the battle of Morgarten, was John of 
Winterthur, the oldest Swiss writer on the insurrection of 
the forest cantons. He became a monk, and in 1340 
commenced a chronicle which extended from the time of 
Frederick II. to 1348, and has become a primary source of 
information for that period of Swiss history. 

This monkish chronicler was a contemporary and near 
neighbour of the Schwyzers of that time ; he is very diffuse 
respecting the battle of Morgarten and the events connected 
therewith, but altogether silent as to any magistrate being 
sent to, or murdered in, the forest cantons, as well as with respect 
to any individual of the name of Tell ; and he makes no 
allusion to any " shot " at an apple on a boy's head. 


Another contemporary historian, the abbot John of Victring, 
near Klagenfurt, one of the confidants of Duke John II. of 
Austria, gave a matter-of-fact description of the state of 
affairs in 1315, and although one of the best informed men of 
his time, made no mention either of the expulsion of magis- 
strates or bailiffs, or of Tell's exploits. 

In 1420, Conrad Justinger, who had been nine years city 
secretary in Berne, undertook a chronicle, at the request of the 
town council of Berne, showing that Uri belonged to the 
convent of Zurich, and that Schwyz and Unterwalden were 
under the jurisdiction of the counts of Hapsburg ; he clearly 
distinguished the first revolt from the second, which led to the 
battle of Morgarten ; and he traced the two insurrections to 
the unjustifiable demands and excesses of the bailiffs and 
their officials. 

Yet this well-informed chronicler, a citizen of a town allied 
with the three forest cantons, and therefore a representative of 
anti-Austrian views and traditions, mentions neither William 
Tell nor the assassination of any magistrates. 

Another chronicle, narrating events between 1240 and 
1462, was compiled at a somewhat later period by one or 
more members of the noble family of Klingenberg of 
Thurgovia, and is equally silent about either the violence of 
the bailiff in the forest cantons or about William Tell. 

Melchior Russ, clerk of the Tribunal of Lucerne, in 1482 
compiled a '' confederate chronicle," in which he states that 
William Tell had been ordered by the bailiff of the district to 
shoot an apple from off his own son's head, under menace of 
being put to death if he should fail in the attempt ; and he adds, 
" You will learn from a song what occurred in that respect." 

The chronicle of the white book (compiled 1467 1476) 
narrates the story of William Tell, and doubtless formed a 
basis for the " chronicle of the confederacy," completed in 1507 
by Petermann Etterlin, secretary of the Tribunal of Lucerne. 

Dr. Huber, of the University of Innspruck, in his able 
pamphlet on the forest cantons and on William Tell, observes 
that from the song mentioned by Russ the narrative was 


derived of Tell's imprisonment and Gessler's overthrow, as 
there is both in Russ and in other chronicles " a certain 
resonance of metrical compositions/' The most ancient song 
known at present relating to Tell does not date earlier than 


No authority, either written or oral, of more ancient date 
than the end of the third quarter of the fifteenth century can 
be produced as a base for the tradition of Tell, a legend at 
that time relating to events at least a century and a half old. 

The archives of the canton of Uri have been carefully 
examined by .Kopp, for the purpose of ascertaining if a 
family named "Tell" ever existed in that canton, but there is 
no trace of any " Tell " in Uri before the end of the seven- 
teenth century, and the name of William, or " Wilhelm," is very 
seldom seen in German-Swiss documents of the thirteenth and 
fourteenth centuries ; that name even up to the present time 
having never become an ordinary or popular Christian name 
in the three forest cantons. It occurs, however, in the English 
archery ballad of " William of Cloudesly." 

With respect to Switzerland, historical criticism proves that 
there is no Swiss foundation for the shot at an apple attributed 
to William Tell, nor had such a legend any influence on the 
gradual establishment of the independence of the forest cantons. 

More extended research shows that legends of wonderful 
feats of archery similar to the story introduced into Switzer- 
land had been previously narrated in other countries. 

Among the " curious myths of the Middle Ages," Mr. S. 
Baring Gould, M.A., mentions a Persian poet, Farid Uddin 
Attar, born in 1 1 19, who had described a king shooting an 
apple from off the head of a beloved page ; and in his poem 
called " The Language of Birds," it is stated that the boy died 
of fright, although the arrow had not even grazed his skin. 

Saxo Grammaticus, towards the end of the twelfth century, 
at the request of Archbishop Absolon of Lund, compiled a 
Danish history, which, according to Professor Huber of 
Innspruck, was replete, in its more ancient portions, with tra- 
ditions and legendary fables. 


Professor Huber mentions from this Danish work that a 
great banquet was given by King Harold of the blue teeth 
(who reigned A.D. 935 985), at which one of the royal 
archers, Toko, boasted that he was so skilful, that at the first 
shot he would pierce the smallest apple that could be placed 
on a stick. 

The king, hearing of this, ordered that the vaunting bow- 
man's own son should bear the apple, with the understanding 
that if the first shot proved unsuccessful, Toko's own head 
should answer for so absurd a self-glorification. 

Nothing daunted, Toko exhorted his son to stand motion- 
less, took three arrows from his quiver, and with the first 
arrow succeeded in safely accomplishing the feat. On being 
asked by the king why he had taken several arrows from the 
case, as only one could be shot off, Toko replied, 

" In order to revenge on yourself by the sharp points of the 
other two the failure of the first." 

Harold became some time after outrageously cruel, and 
oppressed his subjects with excessive imposts, until the 
people rose against him, and placed his son Sweyn on the 
throne the tyrant himself having been mortally wounded in 
a forest thicket by the archer Toko. 

When Christianity was introduced into Norway, tradition 
relates that King Olave Trygvason (995 1000) endeavoured 
to convert Eindridi Ildbreidt, one of his governors, to the 
new religion, and induced him to consent to be baptized .in 
the event of his being overcome by the king in the three arts 
of swimming, shooting with the bow, and in certain per- 
formances with short knives. 

As Eindridi was regarded as a more skilful bowman than 
the king, the latter proposed that they should shoot at a 
chessman placed on the head of a boy greatly beloved by 

The king hit the mark, but his arrow grazed the boy's 
forehead and made it bleed. Thereupon Eindridi, at the 
request of the mother and sister of the boy, refrained from 
aiming at the same object, and avowed himself conquered. 


Old northern legends narrate a similar command given by 
the Norwegian king, Harold Hardradi, who paid a visit to 
Aslak, the governor of Torg Island and challenged his son 
Fleming to a contest in archery. The youth possessed re- 
markable skill, and the king ordered him, under penalty of 
death, to shoot at a hazel-nut placed on the head of his 
brother Biorn, and the feat was successfully performed. 
Fleming requested the king to place himself alongside of 
Biorn, an invitation which was declined. 

When Harold invaded England in 1066, Fleming sided 
with the English natives, and so well designated by an arrow- 
shot, the place where the king was standing, that another 
archer was able to recognise the monarch, and mortally to 
wound the royal invader. 

An Icelandic legend, written in the middle of the thirteenth 
century, termed the " Wilkina Saga," describes a King 
Nidung as desirous of ascertaining whether a bowman Eigill 
was as skilful as had been reported ; so he had an apple 
placed on the head of Eigill's son, a child of only three years 
old, and he ordered the father to shoot one shot at the apple. 
Eigill took out three arrows, feathered them, laid one across 
the string, and pierced the apple in the core. On being asked 
why he had taken out three arrows, as he was only allowed to 
shoot one, he answered, 

" My lord, I will not lie to thee ; if I had hit the boy, these 
two arrows would have found their way to thee." 

This reply was taken in good part by the king, who de- 
clared to all present that the man had spoken justly. 

At Stormarn, in Holstein, a story was formerly current that 
in the time of King Christian I., a rich man, Fleming Wulf, 
dwelt in the parish of Wewel's-flet, who was the captain and 
leader of the march when the people of that district rebelled 
against their sovereign. Being defeated and brought as a 
captive into the presence of the king, who knew his prisoner 
to be a skilful archer, Wulf received the royal order to shoot 
an apple from his own son's head, the king promising to be 
merciful if the shot proved successful. 


Wulf, compelled to obey, sent for his bow and his son, and 
safely performed the exploit. He had, however, placed a 
second arrow in his mouth, and on being asked for an ex- 
planation, stated that if the boy had been injured he would 
have aimed that arrow at the king himself. This reply drew 
down the royal displeasure on Wulf, who was obliged to take 
to flight. 

In the legend current in the Faroe Islands King Harold 
had heard of the prowess of Geyti, a son of Aslak, and he 
bids the young archer shoot a hazel-nut from off his brother's 
head. Geyti consents, and invites the king into the forest to 
witness his dexterity. 

" On the string the shaft he laid, 

And God hath heard his prayer ; 
He shot the little nut away, 
Nor hurt the lad a hair." 

The king on the following day inquires, 

" List thee, Geyti, Aslak's son, 

And truly tell to me, 
Wherefore hadst thou arrows twain 
In the wood yes'treen with thee ? " 

and the bowman replies, 

" Therefore had I arrows twain, 

Yestreen in th' wood with me, 

Had I but hurt my brother dear, 

The other had pierced thee." * 

In England the success of a skilful archer in shooting an 
apple on his son's head is described in the old ballad of 
Adam Bell, Clym of the Clough, and William of Cloudesley.f 
These three Anglo-Saxon foresters had infringed the severe 
Norman game laws, and after various acts of violence, they 

* Gould's " Curious Myths of the Middle Ages," p. 1 14. (Rivingtons, 
f Percy, " Reliques of Ancient English Poetry." 


submitted themselves to the king and were pardoned at the 
queen's intercession. William of Cloudesley proved his skill 
by shooting an apple on his own son's head, at a distance of 
1 20 paces, in the royal presence ; and the king exclaimed, 
" God preserve me from ever serving as an aim to thee ! " He 
admitted Cloudesley and his brethren in arms into the royal 
archer guard. 

Near the Rhine a similar tradition prevails, the hero, accord- 
ding to Professor Huber, being Puncher, of Rorbach, in the 
bishopric of Worms. Puncher was compelled to shoot at a small 
coin called a denar, placed on his own son's head, and he had a 
second arrow in reserve, with which he declared that he had 
intended to kill his oppressor, if the boy, "at the instigation of 
the devil," should have perished by the first arrow. 

Thus in Denmark, Norway, Iceland, Holstein, the Faroe 
Islands, England, Rhineland, and Switzerland all eight 
countries more or less of Scandinavian origin the legend had 
been known to the inhabitants. The form of a song was the 
favourite mode of preserving the recollection of the brave 
archer, and without doubt such a song found its way into 

Inquiries into local records afford no historical basis for the 
Swiss myth. Kopp has shown that no Hermann Gessler 
existed in the forest cantons at the period, and that the name 
of Tell did not occur in any record of Uri in the fourteenth 
or fifteenth century. 

According to Kopp, the narratives relating to Tell are not 
proved sufficiently to remove these accounts from the twi- 
light of tradition into the noonday of historical certainty. 

Mr. George de Wyss, of Zurich, is mentioned by Dr. Huber 
as one of the principal contributors to the elucidation of the 
ancient condition of Switzerland. The deeds of a people and of 
a Government, in the opinion of M. de Wyss, must take the 
place of dramatic feats, and districts instead of individuals 
must be the centres of popular advancement. 

A shorter history of Switzerland is recommended by M. de 
Wyss, and the advice so given is now followed by a recent 


Swiss history in French being published without any reference 
to William Tell. The course of Swiss national independence 
flows on uncoloured by any Scandinavian legend. 

Morgarten in 1315 was succeeded by the battle of Laupen 
in 1339, and the crowning victory of Sempach in 1386 ; and 
Arnold of Winkelried, the hero of Sempach, is remembered by 
all true patriots, as one of the bravest men whose names are 
recorded on the pages of Swiss history. 




IN the paper which I read last year upon the History of 
Landholding in England, I described the principles which un- 
derlie the distribution of land among the aboriginal inhabitants, 
the primal occupiers of the soil. It is not necessary that I 
should now dwell at much length upon that portion of the 
subject. I would, however, refer to two authorities which have 
weight in relation to the allotment of lands. 

Sir William Blackstone says, vol. ii., p. 3, 

" By the law of nature and reason he who first began to use the 
land acquired therein a kind of transient possession, that lasted as 
long as he was using it and no longer ; or to speak with greater pre- 
cision, the right of possession continued for the same time as the act 
of possession lasted. But there is no foundation in nature or natural 
law why a set of words upon parchment should convey the dominion 
of land ; why a son should have a right to exclude his fellow-crea- 
tures from a determinate spot of ground because his father had done 
so before him." 

A more recent writer, Kenelm E. Digby (" History of the 
Law of Real Property," p. 3), says, 

" However its origin is to be accounted for, this idea as to pro- 
perty in land is nearly universal in primitive communities. The 
land is regarded as the property of the community at large, and indi- 
viduals as a general rule have only temporary rights of possession or 
enjoyment upon the lands of the community. The land is public 
land agerpublicus, folc-land, or land of the people. Dealing with 
folc-land is the most important of the functions of the chief of the 
community in time of peace. In dealing with it he always acts, not 
as supreme landowner, but as the head of the community, in con- 
junction with the leaders of the second rank." 


My inquiries I can hardly call them studies led me some 
years ago to attempt a sketch of the changes in the system of 
landholding in the various countries of Europe; since then abler 
minds have worked in the same field. As I pursued my in- 
quiries I thought the systems fell into groups, and that the 
similarity was mainly owing to race ; identical institutions are 
traceable among kindred races. The necessities of humanity 
were similarly expressed. Land is the sustainer of life. 
In the language of the "Senchus Mor" it is "perpetual man." 
Hence arose the need of appropriating a portion to every man, 
who would otherwise owe his life to him who possessed the 
land and supplied him with food. 

Time is a solvent ; the increase of population, the division of 
labour, the growth of exchange of products, led to some changes. 
The necessities of conquest set aside primeval ideas. The 
stronger lived upon the labour of the weaker. Invaders carried 
their customs with them, and abnormal systems were sub- 
merged in the deluge. The same usage will sometimes be 
found in two or more countries, but if the matter is followed up 
it will be found to proceed from the same cause. The metayer 
system of parts of France and Italy is clearly traceable to 
the inroads of the Burgundians ; they formed two armies, 
one of which settled in France, the other in Italy, and under 
the name of Hospitalities, or payments from the farming occu- 
pants of the conquered lands, exacted a stated annual portion 
of the produce of the land ; hence the word metayer, to measure. 

My inquiries led me to group the land systems ; there are 
the Celtic, the Gothic, some prefer using the term Teutonic, 
but the Teutons were not one of the ancient races ; the 
Scandinavian, the Sclavonian, the Mongolian or Scythic, and 
those of the peninsulas, Turkey, Spain, and Italy, which have 
been more frequently overrun than the northern parts of 
Europe, and to whose inhabitants older historians apply the 
term Scythic, but the inhabitants of the shores of the Mediter- 
ranean should not be confounded with the Scythians of 
Northern Asia. 

The diffusion of men consequent upon the confusion of 


tongues led the sons of Japheth * to settle in Europe, while 
those of Shem and Ham took Asia and Africa. The seven 
sons of Japheth were Corner, from whom the Celts are de- 
scended ; Magog, the Mongols or Scythians ; Madai, the 
Sclaves ; Tubal, the Goths ; Tims, the Scandinavians ; Javan 
and Mesliecli, the inhabitants of the isles of Greece, Turkey, 
Italy, and Spain,t who were called Scythians, but must not be 
confounded with the Mongols, or Magode, who are traced by 
Josephus to Magog. 

Some recent writers overlook the most ancient and trust- 
worthy of histories, and prefer the writings of Herodotus or 
Strabo to those of Moses. The latter are, in my opinion, 
more authentic, and tell us that the descendants of Noah 
peopled the whole earth. The new theory of develop- 
ment, which is pushed very far, not only with regard to the 
origin of the human race, but to the origin of institutions, 

* Gen. x. 2 5 : " The sons of Japheth ; Corner, and Magog, and 
Madai, and Javan, and Tubal, and Meshech, and Tiras. And the sons 
of Corner; Ashkenaz, and Riphath, and Togarmah. And the sons of 
Javan ; Elishah, and Tarshish, Kittim, and Dodanim. By these were 
the isles of the Gentiles divided in their lands ; every one after his tongue, 
after their families, in their nations." 

j- The Israelites and the Jews continued to apply to the races inhabiting 
the shores of the Mediterranean the names of their ancestors. Thus 
Isaiah, chap, xxiii., in predicting the fall of Tyre, says, " Howl, ye ships 
of Tarshish; for it is laid waste, so that there is no house, no entering 
in from the land of Chtttim" And again, chap. Ixvi. 19, " I will send 
those that escape unto the nations, to Tarshish, Pul, and Lud, that draw 
the bow, to Ttibal, and Javan, to the isles afar off." This was 
written about 1,700 years after the deluge, but it shows that the Jews of 
that day preserved the nomenclature of a bygone age, and attributed the 
settlement of the Mediterranean to the sons of Japheth, three of whom are 
stated by name in the latter passage. Ezekiel, speaking of Tyre (chap, 
xxvii.), writes, " Tarshish was thy merchant by reason of the multitude of 
all kinds of riches ; with silver, iron, tin, and lead, they traded in thy 
fairs. Javan, Tubal, and Meshech, they were thy merchants : they 
traded the persons of men and vessels of brass in thy market. They 
of the house of Togarmah traded in thy fairs with horses and horsemen 
and mules. The men of Dedan \_Dodanim~\ were thy merchants ; many 
isles were the merchandise of thine hand." 


traces man to the monkey ; those who advocate this theory 
have never shown when the power of developing monkeys 
into men, if it ever existed, ceased. If it existed it would 
continue ; and unless they can produce a man-monkey, or a 
monkey-man, they fail to prove that a monkey ever developed 
into a man, and leave the Biblical narrative intact. 

Language and institutions have followed the path of 
conquest. Mr. Latham, one of the most painstaking writers 
of philology, asks (" Elements of Philology/' p. 611), 

" Has the Sanskrit reached India from Europe, or have the 
Lithuania, the Slavonic, the Latin, the Greek, and the German, 
reached Europe from India ? If historical evidence be wanting, the 
& priori presumption must be considered. I submit history is silent, 
and that the presumptions are in favour of the smaller class having 
been deduced from the area of the larger, rather than vice versa. 
If so, the situs of the Sanskrit is on the eastern or south-eastern 
frontier of the Lithuanic, and its origin is European." He adds, " A 
mile is a mile, and a league a league, from whatever end it is measured ; 
and it is no further from the Danube to the Indus than from the 
Indus to the Danube. . . . The fact of a language being not 
only projected, so to say, to another region, but entirely lost in its 
own, is anything but unique. There is no English in Germany. 
A better example, however, is found in the Magyar of Hungary, of 
which no trace is to be found within some 700 miles of its present 
area. Yet the Magyar is not twelve hundred years old in Europe." 

The absence of English from Germany, is quite in harmony 
with my assertions that the Anglo-Saxons were Scandinavian, 
and that there was a complete migration of the Jutes, the 
Angles, and the Saxons, from the north of the Elbe into 
England, in the fifth and sixth centuries. 

Looking at settlements from a philological point of view, 
it appears that the use of duplicate words is evidence of 
conquest; that such words as omnipotent, almighty, 
omniscient, all-seeing, ox, beef, sheep, mutton, bear the impress 
of two races, the conqueror and the conquered. Institutions 
bear the same imprint, though it is more difficult to separate 
their component parts than it is to follow the stream of 


language ; but if we could follow back the branch to the 
trunk, we should arrive at the point of separation, which 
is also the point of union. 

Herodotus gives the Celts the large domains of Central 
Europe north of the Danube, extending from the Black 
Sea to the ocean. There has been a westward movement of 
ancient races ; the Mongols have possessed themselves of 
parts of the land of the Scandinavians and the Sclaves, the 
Scandinavians, of some of those of the Celts, the Sclaves have 
taken those of the Goths, the Goths have swarmed over into 
Celtic possessions, and also into the peninsulas of Italy and 
Spain ; while the Turks, the only Asiatic rulers in Europe, 
have held for several centuries part of the domains of the 
Southern Scythians. I have depicted upon maps of Europe 
the location of these races, in ancient and in the present time, 
and may perhaps publish them and the result of my re- 
searches at some future time. 

My present task is to deal with that portion of the Celtic 
race which settled in Ireland, and where, being out of the high 
road of invasion, the ancient institutions remained uneffaced 
long after they had disappeared elsewhere. The general 
characteristic of the Celts was an unwarlike disposition ; 
being the original occupiers of fertile regions, they spread 
westward, yet found nothing to war with, hence there was an 
absence of any domineering or defensive organization. Their 
institutions appear to have been expressed in the cry of 
Celtic France at the end of the eighteenth century, " Equality, 
Liberty, Fraternity." The descendants of Gomer, the parent 
of the Celts, broke up into separate families, each governed 
by a patriarch; disintegration was followed by integration, the 
family grew into the clan, sept, or tribe which was the joint 
owner of the land occupied by the progenitor, with a 
life possession to each of his descendants. There was a 
distinct limitation of the lands to the whole of his descendants, 
not to one portion to the detriment of others, each gene- 
ration had the power of apportionment for life, and hence a 
dissimilarity in the size of the possessions. The lands be- 


longed to the Commune, the primal owners, but were appor- 
tioned to the individuals composing the Commune, according 
to their age and worthiness. This arrangement relates, how- 
ever, solely to land which was created for the use of man, and 
did not affect chattels, which being the products of each 
man's industry, or the result of his self-denial, were his 
property and at his own disposal. 

The necessity of combined action for defensive purposes 
led to the union of tribes under a common chief, but each 
preserved its own leader and usages, and hence,, arose what is 
called "Customary laws." These were at various times col- 
lected and written down, and form the basis of the Brehon 
code, from the Brehons or judges who were instructed in and 
administered it. The land system is called Tanistry, from the 
Tanist, an officer elected to succeed the chieftain, whose main 
office was to divide the land of the tribe among the living 
members thereof; he was, in fact, a trustee and heir to the land 
of each of the sept or clan, and made such a division as 
suited the circumstances of the case. I shall hereafter de- 
scribe that process in detail. 

Ireland appears to have become known to the Greeks about 
200 years B.C.; they gave it the title of " Juveonei ; " Caesar 
calls it " Hibernia," and says it was about half the size of 
England. Ptolemy gives a map of Ireland, which is superior 
in accuracy to that of Scotland. The Belgae had colonized 
the eastern coasts of England about two centuries before 
Caesar's invasion. It is supposed that they settled in Ireland, 
where they were called Firbolgs ; the Romans called them 
Scuti, and the land Scota, by which name it was known in 
Europe until the twelfth century. 

Hume, who evidently considered the Gauls and Irish were 
Celts, writes (Essay xi. vol. ii. p. 463), 

" We are informed by Caesar that the Gauls had no fixed property 
in land, but that the chieftains, when any death happened in a 
family, made a new division of all the land among the several 
members of the family. This is the custom of tanistry which so 
long prevailed in Ireland." 


Tacitus, who wrote A.D. 78, says of Ireland, 

" The soil and climate, and the disposition and habits of the 
people, differ not much from Britain ; the approaches to the country 
and its ports are better known through the commercial intercourse 
of merchantmen." 

This implies a state greatly in advance of that which pre- 
vailed either in Gaul or Britain. 

The Psalter of Cashel asserts that Milesius, who had thirty- 
two sons, of whom eight arrived in Ireland, landed in that 
country 1,300 years before the birth of Christ. Amongst the 
successors of the sons of Milesius, were Heber-Heremon and 
Ish, and Gadelas, from Gawth Del, a lover of learning ; of 
these kings it is said, 

" A hundred and ninety-seven years complete 
The Tuatha ah Danaus, a famous colony 
The Irish sceptre swayed." 

The most celebrated of these monarchs was Ollamb Fodhla, 
who reigned A.M. 3082. Keating, the historian, says, 

" He summoned his principal nobility, his Druids, the poets, and 
historiographers to meet him in a full assembly at Tara once in every 
three years, to revise the body of the established laws, and to change 
or correct them as the exigence of affairs required ; in testimony of 
this I shall produce the following verses of great antiquity, and to 
be found in writings of good authority : 

" The learned Ollamb Fodhla first ordained 
The great assembly where nobles met, 
And priests, and poets, and philosophers, 
To make new laws and to correct the old, 
And to advance the honour of the country.'" 

Plowden ("Historical Review of Ireland," p. 15) thus 
describes the assemblage of the Irish chapters in the reign of 
Ollamb Fodlah: 

" Under him was instituted the great Fes at Tramor or Tarah, 
which was, in fact, a triennial convention of the States or Parliament, 
the members of which consisted of Druids and other learned men 
who represented the people in that assembly. Thus the monarch 
and the provincial and other kings who had the executive power in 


their hands on one side, and the philosophers and priests, together 
with the deputies of the people on the other, formed the whole of 
the ancient legislature. They particularly devoted themselves to the 
examination and settlement of the historical antiquities and annals 
of the kingdom; they were rehearsed and privately inspected by a 
select committee of the most learned members. When they had 
passed the approbation of the assembly they were transcribed 
into the authentic chronicle of the nation, which was called the 
register or Psalter of Tara/i." 

The seats of the members of the great council were 
indicated by hanging their coats of arms on the wall over 
them, thus evincing a complete knowledge of heraldry. 

The Brehon Code dates as far back as the reign of Ollamb 
Fodhla, 850 B.C., and existed unbroken until the invasion of 
Henry II., 1171 A.D., a period of over two thousand years. It 
continued to be the law of that portion of Ireland not under 
English rule until 1603, when it was abolished by resolutions 
of the Irish judges. Ollamb Fodhla was a contemporary of 
Hezekiah king of Judah. The codification of the Irish laws 
took place before the Median kingdom arose, before the 
Grecian republics were formed, before Rome was founded. 
Being based upon principles of natural justice, and suited to 
the requirements of humanity, it survived the fall of these 
greater states, and was displaced to make room for a system 
which does not possess the same advantages, but gives the 
control of the land to a small class, and leaves the mass of 
the people to struggle for its possession. 

The history of landholding in Ireland possesses an 
additional attraction, it throws light upon the earlier in- 
stitutions of the Celtic race. The Irish were not an 
unmixed race. The pre-Christian period of Irish history 
is marked with traces of an invasion from the Mediter- 
ranean, most probably of a Semitic character, and the post- 
Christian period has distinct traces of evangelization direct 
from Syria. Those problems in stone, the Irish round 
towers, which have excited the curiosity and study of so 
many learned men, without affording a tangible solution, have 


always appeared to me to be of Semitic origin. The poetic 
remains of Irish history point to an invasion of Ireland from 
Egypt, on the expulsion of the dynasty when " a king arose 
who knew not Joseph." The milder climate of the East 
permitted the unroofed existence of the sacred fires, which 
in the humid climate of Ireland required some covering ; 
the round towers, from their elevation, would display the 
sacred gleams to large districts. The introduction of Christi- 
anity naturally led to the erection of the church in proximity 
to the round tower, and in some cases to its use as a belfry. 
The abrasions from the friction of a rope or chain on some 
of the window-sills prove that there was a rude adaptation of 
an existing edifice to more modern requirements. 

The land system of the earlier Irish race is described by 
the term TANISTRY. It is derived from the office of the 
Tanist, whose duty was to divide the land of the sept or 
tribe among the members. The tribe selected the tanist, 
who succeeded to the chiefry upon the death of the chief. 
I shall have to refer to his mode of election and duties 
further on, but it may be convenient to divide the subject 
into the following : 

ist The Tanistry, or Communal. 

2nd. The Scandinavian, or Mixed. 

3rd. The Norman, or Feudal. 

4th. The Stuart, or Confiscation. 

5th. The Hanoverian, or Unsettled. 

6th. The Present. 


The term tanistry was applied to a system of landholding 
in which the land belonged to the commune while possession 
was given to the individual. It took its name from the Tanist, 
who was next in point of rank and influence to the chieftain, and 
succeeded to the vacant chiefry. He was elected by the sept 
or lineage, and was the distributor of its lands. The 
Tanistry system, though communal, inasmuch as no man held 
the land in severalty, differed in many respects from the 


village communities of Russia and India. It approached very 
nearly to that of New Zealand. The ancient Irish law tracts, 
to which I shall hereafter call your attention, neither enact 
nor describe it. The system appears to have been antecedent 
to any written law, and to have been recognised as an existing 
institution in the same way that customs in England prove 
common law rights which rest upon the lex non scripta. 

The descriptions which we possess of this system are com- 
paratively modern, and they are written by strangers, Edmund 
Spenser in the reign of Queen Elizabeth, and Sir John Davis 
in that of James I. The latter filled the office of attorney- 
general, and both looked upon the Irish Tanistry system as 
uncouth and barbarous. 

The customs of the Irish people, as described by Spenser 
and Davis, must have been more or less tinged by the inter- 
mixture of Scandinavian, Norman, or feudal ideas, from con- 
tact with the Easterlings, the Danes, and the Anglo-Norman 
invaders, who had partly occupied or ruled the country for 
several hundred years before Spenser. Yet its inherent 
vitality, and its thorough adaptation to the wants of humanity, 
preserved it intact. The author of " The Faerie Queen " 
was an Irish landholder, resident on the borders of the counties 
Cork and Waterford. In his "View of Ireland," he thus 
describes the system of tanistry which existed at that time : 

" There be many wide counties in Ireland which the laws f 
England were never established in, nor any acknowledgment of sub- 
jection made, and also even those which are subdued and seem to 
acknowledge subjection, yet the same Brehon law is practised 
amongst themselves by reason that dwelling as they do, whole nations 
and septs of the Irish together, without any Englishman among them, 
the Irish say that their ancestors had no estate in any lands, seign- 
ories, or hereditaments, longer than during their own lives, as they 
allege, for all the Irish do hold their land by tanistry, which is (say 
they) no more but personal estate for his lifetime, that is tanist, by 
reason that he is admitted thereunto by election of the country. 

" It is a custom among all the Irish that presently after the death 
of any of their chief lords or captains they do presently assemble 
themselves to a place generally appointed and known unto them, to 


choose another in his stead, when they do nominate and elect for the 
most part not the eldest son, nor any of the children of the lord 
deceased, but the next to him of blood that is the eldest and worthiest, 
as commonly the next brother unto him if he have any, or the next 
cousin, or so forth, as any elder in that kindred or sept, and then next 
to him do they choose the next of the blood to be tanist, who shall 
next succeed him in the said captaincy if he live thereunto. 

" They use to place him that shall be their chieftain upon a stone 
always reserved for that purpose, and placed commonly upon a hill, 
in some of which I have seen formed and engraven a foot, which 
they say is the measure of their first captain's foot, wherein he stand- 
ing receives an oath to preserve all the ancient former customs in- 
violable, and to deliver up the succession peaceably to his tanist, and 
then hath a wand delivered unto him by some whose proper office 
that is ; after which descending' from the stone he turneth himself 
round, thrice forward and thrice backward. 

" For when their captain dieth, if the seignory should descend to 
his child, and he perhaps an infant, another might peradventure step 
in between and thrust him out with a strong hand. The tanist is 
always ready known, if it should happen the captain suddenly to die,, 
or to be slain in battle, or to be out of the country to defend and 
keep it from all doubts and dangers. For which cause the tanist 
hath also a share of the country allotted to him, and certain cuttings 
and spendings upon all the inhabitants under the lord." 

It is well to bear in mind that this description of the 
inauguration of the tanist, the object of his appointment, and 
the duties he was expected to perform, is from the pen of an 
Englishman, and written in the latter portion of the sixteenth 
century, after an interval of several hundred years from the 
landing of Henry II., which event followed three centuries of 
struggle against the Danes and Easterlings. 

A few years later, in the early part of the seventeenth 
century, Sir John Davis, also an Englishman, who occupied 
the position of attorney-general to James I., and who looked on 
the existing system as a lawyer, wrote thus ("Reports," p. 134): 

" First, it is to be known that the land possessed by the mere 
Irish were divided into several territories or counties, and the 
inhabitants of every Irish county were divided into septs or lineages. 


Second, in every Irish territory there was a lord or chieftain, and 
a tanisty who was his successor apparent; and of every Irish sept 
or lineage there was also a chief, who was called Cean Finny (Cean 
Fini). Third, all possession within these Irish territories ran always 
in the course of tanistry, or in course of gavelkind. Every 
seignory or chiefry, with the portion of land which passed with it, 
went without partition to the tanist, who always came in by election or 
strong hand, and not by descent ; but all the inferior tenancies were 
partible between the males in gavelkind. Yet the estate the lord 
had in chiefry, or the inferior tenants had in gavelkind, was not an 
estate of inheritance, but of temporary or transitory possession. 
For as the next heir to the lord or chieftain was not to inherit the 
chiefry, but the eldest and worthiest of the sept, who was often 
removed or expelled by another who was more active and strong 
than he, so the lands of the nature of gavelkind were not partible 
among the next heirs male of him who died seised, but among the 
sept in this manner : The Caen finny or chief of a sept (who was 
commonly the most ancient of the sept), made all the partitions at 
his discretion ; and after the death of any ter-tenant, who had a 
competent portion of land, assembled the sept, and having thrown all 
their possessions into hotchpot, made a new partition of all, in which 
partition he did not assign to the son of him who died the portion 
his father had, but he allotted to each of the sept according to his 
seniority the better or greater portion ; these portions or purparties 
being so allotted or assigned were possessed and enjoyed accord- 
ingly until a new partition was made, which at the discretion or will 
of the Caen finny was to be made on the death of each inferior tenant." 

The great difference between gavelkind and tanistry* lay in 
this, the former, gavelkind, divided a man's land between his 
sons, each of whom thereby acquired as large an estate in his 
separate portion as his father had, and on his death it was 
again divided between the sons of each of them, it being 
essentially a division per stirpes. The latter, tanistry, did not 
give a man's land to his sons, it reverted to the sept, and each 
of the sons got a portion of the lands of the sept, but it was 
only a life enjoyment. Under gavelkind there was ownership 
in severalty, which did not exist under tanistry. 

* The proper term would be Gablcach cime. 


The tanistry system seems to have been based upon the 
idea expressed in Sir John Davis's description, lineage; the 
land had been the possession of some remote ancestor and all 
his lineage were provided for out of it. The Caen finny and 
tanist appear to have held the same office, and its main 
function was the equitable division of the land among the 
lineage of the far-away original chieftain. It may sound 
trite to say that even now every man has only a life possession or 
life estate, for all love to think that they can exercise a sort 
of ownership over their lands after death has put them out of 
possession. This right had no place in the tanistry system, a 
man enjoyed the land allotted to him while he lived, but when 
he died the living dealt with it as they deemed best for their 
own interests. 

But this system went further. " Land was to them perpetual 
man," the staple of his existence, therefore every one of the 
lineage possessed his share for life. The lands of the chief did 
not descend to his children, they with his office went to the 
tanist, the lands of the tanist to his successor. All the other 
lands of the sept were divided among the members ; there 
was no tenancy in the sense in which we use the word ; there 
was no rent, no. eviction, none of the powers claimed under 
the feudal system by the tenants in fee. 

This system of tanistry was essentially republican in its 
character, the land vested in the people, not in the Crown ; 
its division was arranged by the elected officer of the sept or 
lineage ; all its members were joint owners of the common 
estate, which was strictly settled in tail to the whole of the 
lineage. No man could sell the inheritance of his children, 
and there were neither landlords nor tenants. The two 
administrative officers, the chief and the tanist, had their 
own official demesnes, which did not descend to their children, 
but went like church land, or clerical income, to him who 
succeeded to the office. 

A system so unique differs in many respects from that 
of any of the more ancient semi-civilized nations. The 
Egyptians appear to have owned their land in severalty, for 


they sold it to Joseph for Pharaoh. The Israelites, though 
prevented from selling their land in perpetuity, could mort- 
gage it until the year of jubilee. The tribal lands could not 
leave the tribe, they descended to the children or next of kin. 
The Greeks and Romans both recognised ownership in 
severalty. The tanistry system, which reached back to a 
period more remote than the foundation of Rome, appears to 
have arisen simultaneously over the entire island, and to have 
existed, notwithstanding many isolated invasions, until it was 
partially displaced by the landing of the Anglo-Normans, and 
was wholly abrogated, not by legislation, but by a ;legal 
decision in the reign of James I. 

Professor Sullivan's introduction to O'Curry's Essays 
describes the division of the Irish people into classes. I have 
endeavoured to condense his statement thus : In Ireland, as 
in every other part of Europe, we can trace the existence of 
the two great classes, the free and the unfree. . Amongst the 
free there were privileged classes called A ires : there were two 
classes of Aires, those who possessed land, or Deis, who were 
called Flaths, and those who possessed cows or other cattle, 
who were called Bo A ires. The class of tribesmen called Ceiles 
were divided into two categories, the Saer or free Ceiles, and 
the Daer or base Ceiles ; an ancient manuscript, H. 3, 18, 
T.C.D., p. 1 19, says, " It is competent for a man never to 
accept base wages from any man unless it be his own will to 
do so, and it is competent for him not to receive Saerratk 
(free wages) from any one but a king, but he is not entitled 
to refuse the free wages of his king. Every man in the 
Tuath is bound to receive wages of a Rig Tuatha" 

All Ceiles, whether free or base, had certain definite rights 
in the territory, and had the right to have a habitation and 
the usufruct of the land. The free Ceiles paid Bes Tigt, or 
house tribute, the base Ceiles, Biatid. If a Flath exacted 
more Biatid, &c., than he was legally entitled to, he was 
bound to recompense his Ceile by additional wages. The 
Saer Ceile formed the body-guard of the chief. The Daer 
Ceiles sometimes received benefices of land. In a lower 




position in the social scale were the Bothacks or cotters, the 
Leu Cluthes or house servants, and the Fueders or strangers, 
outdoor labourers ; the latter were Saer Fueder, free labourers, 
and Daer Fueder or base, servile labourers. The Daer Fueders 
became tenants from year to year, but if they served for three 
generations they acquired rights to the possession of land. 
The Flath could have Bothacks or Fueders of any class on his 
land. The Ceiles alone had political rights, that is, a definite 
position in the tribe or Tuath. The Bo Aire, if wealthy, 
became a Flath. It is obvious that the main distinction lay 
between the " lineage," the members of the family, and 
strangers who had either been captured in battle, been pur- 
chased as slaves in England, or come amongst the sept in 
search of fortune. The Ceiles appear to have been part of 
the "lineage," and as such entitled to greater privileges than 
captives, slaves or aliens. This view is borne out by one of 
the mostimportant ancient Irish documents, the Crith Gablach; 
it is in the form of question and answer ; it relates to the classes 
of society, and their privileges among the ancient Irish. It 

" What is Crith Gablach ? Answer : The thing which the man of a tribe accu- 
mulates for his benefit in the territory till he is admitted to the rank of the legiti- 
mate possessors of the territory ; or other increase by which distinction is given to 
the grades of the people." 

There is here an evident distinction between the " man of the 
tribe/' the lineage, and strangers. It will be seen he should 
prove his worthiness by increasing the wealth of the tribe, and 
was then placed by the tanist among " the legitimate pos- 
sessors of the territory," or receive other distinction. The 
grades of the people were "a Fer-Midbe, a Bo-Aire, 
an Aire Dessa, an Aire Tuise, an Aire Forgaill, and a Ri. 
They were ennobled by the possession of Deis-land, which 
was in the award of the tanist, and they ranked in the tribe 
and out of it, according to the rank which they won. The 
Tanose Righ (tanest of a king) was so called because he was 
elected by the whole territory. The seven occupations in law 
of a King were Sunday, ale-drinking, for he is not a lawful 
Flath who does not distribute ale every Sunday. Monday, 


at legislative government of the tribe ; Tuesday, at chess ; 
Wednesday, seeing greyhounds coursing ; Thursday, the plea- 
sures of love ; Friday, at horse-racing ; Saturday, at judg- 

The Flat/i could either work his land with Fueders, or let it 
to Ceiles, but as his own holding terminated with his life, the 
lettings were usually of short duration. Any buildings be- 
came the property of the Flath at a valuation, but if evicted 
before the expiration of the term, the occupier was entitled to 
his buildings, and if evicted without cause he was entitled to 
his rent as well as his house. Village land let for the purpose 
of growing a manured crop reverted to the owner at the end 
of the term ; if no term was specified the hirer of the land was 
entitled to its possession, until he had exhausted the manure. 
With reference to the quantity of land attached to a dwelling- 
house he says (p. xxxix.) 

" The Norse Bo" I and By appear to be synonymous ; at least there 
is no doubt that By originally was a mansion or principal farmhouse, 
including, of course, sufficient land to keep a family in independence. 
In Ireland this appears to have been the quantity of land sufficient 
to graze twenty-one cows or three cumals, the legal qualification of a 
Bo Aire of the lowest class, that is, of a free man having political 
rights, and in addition a certain quantity of forest, and sufficient 
meadow land to provide winter fodder. The following curious Irish 
entry in the Book of Armagh appears to represent such a typical 
homestead : " Cummen and Brethan purchased Ochter-u-Achid with 
its appurtenances, both wood and plain and meadow, together with 
its habitation and its garden." 

The annals of the Four Masters, a work of some authority, 
informs us that gold was smelted in Ireland and made into 
cups, brooches, &c., as early as 354 B.C., that cloths were dyed. 
Each rank was known by the number of colours in their 
garments, kings wearing six colours, while the peasantry were 
obliged to wear a dress of one colour. Rings and chains were 
worn by the kings and chieftains. 

The Irish Seisreach was the extent of land which occupied 
one plough, and represented the ploughland or carracute of 


England, and the Saxon "hide of land." According to a 
curious poem attributed to the antediluvian Fuitan, but which 
belongs in substance, though not in language, to about the 
sixth or seventh century, has been published by Professor 
O'Curry in his tract on the battle of Moylena, there were in 
Ireland 184 Trincha Ceds ; 5,520 Baile BiatacJis\ 22,080 
Caethranehadhs or quarters ; and 66,240 Siesreachs, or plough- 
lands, which would be equal to 132,480 Ballyboes, or habita- 
tions of freeholders, or 7,948,800 Irish acres, the remainder, 
5,000,000 acres, being bog or mountain. At present there are 
325 Baronies, and 62,205 townlands, the average acreage of 
the latter being 324*6 acres. 

I have already referred to the assemblage of the legislators 
by Ollamb Fodhla, and to the collection of the laws made by 
him ; they are called the Psalter of Tar a. Irish records 
also refers to the Psalter of CasJiel. The annals of the Four 
Masters inform us that in A.D. 266 Cormac collected the laws and 
formed them into a book known as the Psalter of Teamhair. 
It contained a survey of the land of Ireland, and articles 
relating to Irish laws, genealogy, history, topography, &c., and 
at a late period, at the suggestion of St. Patrick, the laws were 
again collected, and the SeancJtus and Feanchus, (i. <?., history 
and law), now called Senchus Mor, or Cain Phadrig (Patricks) 
law, was compiled. It was esteemed of such authority that 
no individual Brehon dared to abrogate it. This collection 
of laws, though more recent than the others I have named, 
possesses great antiquity, and was compiled before either the 
Justinian or the Theodosian codes. 

The work of the several assemblies appears to have been 
one of compilation or collection, rather than of legislation, 
and in this there is a close resemblance to the theocracy of the 
Israelites, who received a heaven-given law with strict injunc- 
tions to observe its dictates,'but neither judges, priests, nor, kings 
were authorized to alter its conditions. There was no such 
thing as a Re-form Bill ; \hQform of its enactments, its require- 
ments, and its penalties were prescribed, and there was there- 
fore no need of re-forming them. Legislation in Ireland 


appears to have been tribal, and to have rested upon patri- 
archal institutions ; the system would be properly described by 
the words " customary law." The collection or codification 
which took place tended to secure uniformity over the whole 
country, but the highest officer, the Rig Tuatka, or king, was 
neither endowed with the right of legislation nor the power to 
enforce the laws. These privileges appertained to the sept or 
tribe which acted through its elected officers, the chieftain and 
tanist. The laws were expounded and explained by the 
Brehons, who appear to have possessed functions similar to 
those of the courts of equity, in applying to a new class of 
incidents the principles of existing legislation. 

Much jealousy existed as to the ownership of these ancient 
psalters. They were preserved with the most watchful care, 
and classed among the choicest treasures.* The more recent 

* AN ANCIENT PSALTER. Fac-similes of Irish national MSS. are at 
present being selected and edited by Mr. Gilbert, of the Public Record 
Office of Ireland. The first part of the collection, which will be one of 
profound interest to Irish scholars, is nearly completed. We learn from 
a report just issued, that among the documents, fac-similes of which have 
been prepared, is a Latin psalter styled " Cathach," or the " Fighter." It 
is ascribed to the hand of St. Columba, who made lona famous, and 
receives its name from the antique metal casket in which it is preserved. 
The legend is that, while sojourning with St. Finnen, in Ulster, he 
borrowed this psalter, and "copied it furtively in his church, with the aid 
of miraculous light, in the night-time." Finnen claimed the copy as his 
property, but Columba did not recognise his right, and King Diarmid was 
appealed to. His Majesty decided " that as to every cow belongs her 
calf, so to every book belongs its copy." Columba did not see the force 
of his analogical reasoning, and kept the treasure. The psalter was 
preserved as a sacred heirloom among his kindred the O'Donels, who 
ruled in the most western part of the north of Ireland, styled Tir Conaill, 
or the land of Conaill, from their progenitor of that name, and now known 
as Donegal. The present casket was made towards the eleventh century 
by the direction of Cathbar O'Donell, head of the clan. It was long 
believed that if the Cathach was borne thrice before battle on the breast 
of a sinless cleric round the troops of the O'Donels, victory would be 
secured to them in a just cause. " To open the Cathach," says the report, 
" was thought unlawful, and would, it was thought, be followed by death 
and disasters among the O'Donels." It ultimately came into the posses- 
sion of Daniel O'Donel, who raised a regiment in Ireland for James II, 


of these law tracts is the Senchus Mor. Its text and a 
translation has been published by the commissioners appointed 
in 1852. It has formed the basis of Sir Henry Maine's justly 
celebrated essay on ancient institutions ; it is said to have 
been compiled by nine eminent men, a treble trinity, Kings, 
Brehons, and Prelates : King Laighaire, King Daire, King 
Core ; Rossa, Duththack, Fergus ; St. Benignus, St. Patrick, 
and St. Caernech. It is not my object to give you any de- 
scription of this body of ancient Irish law, I only mean to deal 
with that portion relating to landholding. As I have already 
remarked, these law tracts do not either give or define the 
possession of land, nor do they allude to any rent except that 
which is called " food rent," to which I shall presently refer. 

The transcripts were made by the late Dr. O'Donovan and 
the late Professor O'Curry, from law tracts in the Irish lan- 
guage in the libraries of Trinity College, Dublin, of the Royal 
Irish Academy, of the British Museum, and in the Bodleian 
Library at Oxford. The transcripts made by Dr. O'Donovan 
extend to nine volumes, comprising 2,491 pages, and the tran- 
scripts made by Professor O'Currey are contained in eight 
volumes, extending to 2,906 pages. They did not live to 
revise and complete their translations. The preliminary trans- 
lation executed by Dr. O'Donovan is contained in twelve 
volumes, and the preliminary translation executed by Pro- 
fessor O'Curry in thirteen volumes. 

They are now in course of publication under the title of the 
Senchus Mor, the great laws. Sir Henry Maine says of 

"The Senchus Mor, the great book of the ancient laws, was 
doubtless a most precious possession of the law school or family to 

and afterwards became a brigadier in the French service. It remained on 
the Continent until 1802, when it was transferred to Sir Hugh O'Donel, of 
Newport, in the county of Mayo. In 1814 his widow began proceedings 
in Chancery against Ulster King of Arms, for having opened the 
Cathach without permission. The manuscript, it is said, now consists of 
fifty-eight leaves of vellum, many of which at the commencement are 


which it belonged, and its owners have joined to it a preface in 
which a semi-divine authority is boldly claimed for it. Odhran, the 
charioteer of St. Patrick so says the preface, had been killed, and 
the question arose whether Nuada the slayer should die, or whether 
the saint was bound by his own principles to unconditional forgive- 
ness. St. Patrick did not decide the point himself. The narrator, 
in true professional spirit, tells us that he set the precedent according 
to which a stranger from beyond the sea always selects a legal 
adviser. He chose to go according to the judgment of the royal 
poet of the men of Erin, Duththach Mac na Lugair, and he * blessed 
the mouth ' of Duththach. A poem, doubtless of much antiquity 
and celebrity, is then put into the mouth of the arbitrator, and by 
the judgment in it Nuada is to die ; but he ascends straight into 
heaven through the intercession of St. Patrick. Then King Laighaire 
said, ' It is necessary for you, O men of Erin, that every other law 
should be settled and arranged as well as this.' ' It is better to do 
so,' said Patrick. It was then Duththach was ordered to exhibit all 
the judgments and all the poetry of Ireland, and every law which pre- 
vailed among the men of Erin. . . . This is the Cain Patraic, 
and no human Brehon of the Gaidhil is able to abrogate anything 
found in the Senchus Mor." 

The manuscript from which the " Senchus Mor " is trans- 
lated and published contains the following touching note : 

" One thousand three hundred two-and-forty years from the birth 
of Christ till this night ; and this is the second year since the coming 
of the plague into Ireland. I have written this in the twentieth year 
of my age. I am Hugh, son of Conor M'Egrim, and whoever reads 
it, let him offer a prayer of mercy for my soul. This is Christmas 
night. I place myself under the protection of the King of heaven 
and earth, beseeching Him that He will bring me and my friends 
safe through the plague. Hugh wrote this in his father's own book 
in the year of the great plague." 

Another of the manuscripts containing Irish law tracts has 
the following entry : 

" This is the eve of the great festival of Mary, and it grieves me 
that Donough O'Brien is in danger of death from the son of the Earl 
of Ormond, and it is a wonder to me that Cuirbre is courting council 
from Connor. The Park is my residence. Magnus for Domhnall 
and himself travelling, Eiri A.D. 1567." 


These laws treat of the mode of recovering debts, and give 
the law of distress at considerable length, but they do not 
recite the origin of the division of land among tribes, or the 
subdivision among the members of the sept. There was, as 
I have already.stated, no such relation as landlord and tenant, 
and I am informed that there is not a word in the Irish lan- 
guage which can fairly be translated to mean the Saxon 
derivative, "a holding" or the Latin derivative, tenure or 
tenement. The absence of any such words in the language is 
an indication that the Irish institutions only recognised one 
estate in land ; in this it was in harmony with the institutions 
of the more ancient systems. The creation of two estates, the 
ownership or guast-ownership, and the estate of use, was the 
invention of the Romans, and was adopted by those countries 
whose systems were moulded upon the jurisprudence of 

I do not find in the " Senchus Mor " distinct indications as 
to the mode of distributing chattels, yet I am disposed to 
adopt Sir John Davis's view, that they went in gavelkind ; but 
it seems that some men had cattle without land, while others 
had land without cattle ; or the expression may be qualified by 
saying that one man had land in excess of his stock, while 
another had stock in excess of his land. Hence arose a sort of 
partnership, and the Brehon code deals at length with the cir- 
cumstances arising from one man using the stock of another. 
These laws appear under two distinct heads, Cain Saerrath 
and Cain Aigillue: the former, as I am informed, means 
honour or personal relations, and the latter, " tribute or fine," 
and " forfeit." I am assured that there is nothing in the Irish 
words to justify the translation which appears in the preface 
as well as in the margin, Saer-stock tenure and Daer-stock 
tenure. The addition of the word "tenure" conveys an in- 
correct idea, and the writers of the preface, as well as Sir 
Henry Maine, who has adopted their views, have applied the 
word " tenure " to the land and not to the stock. There was 
undoubtedly a " holding " of the cattle, as they were rented 
or hired, but there was no claim upon the land in consequence 


of these relations. The writers of the preface to vol. ii., p. 49, 
thus describe the law : 

" In * Saer '-stock tenure the chief gave the stock without requir- 
ing any security from the tenant. He gave it in consideration of 
receiving an annual return for seven years of one-third of the value of 
the stock given. The chief might claim this return in the form of 
manual labour at the time of the erection of his ' dun ' fort, or of the 
reaping of his harvest ; or if the chief did not need manual labour, he 
might require the ' saer '-stock tenant to attend him in a military ex- 
pedition, and to send a man to do homage to him at the payment of 

This passage would read quite as well if the word " tenure " 
in the first line and tenant near the end were omitted : they 
suggest ideas with regard to the land quite at variance with 
the Brehon code. The stockholder held the stock, he was 
tenant of the stock, and paid rent or tribute for the stock, but 
none of these capacities affected his ownership of his lands. 

The preface to vol. ii. of the " Senchus Mor," p. 1., adds, 

" The principal Irish tenure appears to have been ' daer '-stock 
tenure, into which the tenant entered by choice, and in which he 
was required to give security for the stock he used. From the 
optional nature of the tenure, the law respecting it was called ' Cain 
Aigillue,' that is, the ' Cain ' law of options in tenure. The securities 
given were called ' Giallna ' securities, to distinguish them from kins- 
men's securities The ' Cain Aigillue ' contains traces of 

very careful provisions for guarding against the arbitrary termination 
by either chief or tenant of ' daer '-stock tenure when once entered 

The laws appear to be based upon the principle of making 
the stock borrower pay the stock lender double food-rent for 
the year if he returned the stock without the consent of the 
lender, inasmuch as he might not have grazing-ground for the 
stock so returned. If the stock lender recalled his stock the 
borrower was entitled to one-third of it, and was exempted 
from payment of his honour price ; otherwise his land might 
lie idle. 

These arrangements did not in any way affect that which 
we understand by the word " tenure," that is, a man's farm, 


but they related solely to cattle, which we consider a 
chattel. It has appeared necessary to devote some space to 
this subject, inasmuch as that usually acute writer Sir Henry 
Maine has accepted the word " tenure " in its modern inter- 
pretation, and has built up a theory under which the Irish 
chief " developed " into a feudal baron. I can find nothing in 
the Brehon laws to warrant this theory of social Darwinism, 
and believe further study will show that the Cain Saerrath 
and the Cain Aigillue relate solely to what we now call chat- 
tels, and did not in any way affect what we now call the 
freehold, the possession of the land. 

There is nothing in the Senchus Mor at all contradictory 
of the statements made by Spenser and Sir John Davis, that 
the tanistry system gave every member of the sept or tribe 
the life ownership of a portion of its lands ; that the official 
lands attached to the position of Chieftain and Tanist were 
not divisible, but partook of the nature of a benefice ; they 
went whole and undivided to the successor to the office, and 
I can find nothing to warrant the conclusion arrived at by 
Sir Henry Maine, that the chieftain could give strangers the 
lands of the sept. Fosterage was a portion of the tanistry 
system, and those who were adopted by the sept shared in 
its responsibilities and enjoyed a portion of the lands. The 
chieftain and tanist each enjoyed his lands for his own 
life, and therefore they had no power of giving them away ; 
they were tilled by the Fueders or Bothacks. 

After the Norman invasion, and during the unsettled state 
of the country, the chieftains may have imitated the example 
of the Norman barons, and striven to make for themselves a 
title similar to that imported into Ireland by the strangers, 
but I doubt if anything of this kind existed while the Brehon 
code was in full force, before the invasion of the Danes and 
the Normans. 

The early Norman and English settlers denounced the 
tanistry system as barbarous and uncivilized, and acted 
towards it in the same manner as the English of recent times 
have acted towards the Hindoo and New Zealand land 


systems ; in the former they have looked upon the Zemindar, 
and in the latter the chieftain, as enjoying the same rights as 
the feudal baron. The English in both these countries 
have done the same injustice to the inferior owners which 
their forefathers did to the inferior members of the Irish sept 
or tribe. Mr. Thornton, a writer whose very able works 
deserve the serious consideration of our statesmen and legis- 
lators, has shown the manner in which the estate of the ryots 
was, by mistaken legislation, transferred to a class who were 
mere tax-gatherers ; and thus in India as in Ireland the 
sympathies of the mass of the people was estranged from 
British rule, the people regarded, the invaders as spoliators, 
who had not only assumed the government, but deprived 
them of their rights. As I shall have to speak hereafter of 
these changes I shall not dwell on them now ; but before I 
close this portion of my subject would like to give you some 
idea of the state of Ireland when the unmixed tanistry system 
prevailed. It was refined and elevated by the introduction of 
Christianity, but was broken in upon by the incursion of the 

The earliest missionaries are dubious. The Irish traced 
their Christianity through Irenaeus to St. John, thus carrying 
back their faith to the Holy Land ; the bull of Pope 
Clementine to Palladius, who visited Ireland before the landing 
of St. Patrick, authorizes him to visit "our brethren in Christ 
in Ireland," thus asserting the previous introduction of Chris- 
tianity. But it must have been confined to special districts, 
for there appears to have been a wide field for the labours of 
St. Patrick. It has, however, been a puzzle to learned men 
to discover how so many of the rites of the Eastern or Greek 
Church were implanted or existed in Ireland for many 
centuries. It is said, " If St. Patrick was the real founder 
of Irish Christianity, and was connected with the Latin 
Church, how does it come to pass that the Irish Church 
corresponded in its formulae with the Greek Church, and why 
did it teach its rites in Scotland, England, and France ?" I 
cannot solve this difficulty, but it seems to imply a settled 


church with established formulae before St. Patrick's visit, and 
it is quite clear he did not disturb these usages, and that 
they continued for centuries after his death. 

It had been the custom to misrepresent this system of land- 
holding, and to describe it as barbarous and inequitable, but 
more recent inquirers, on the Continent as well as in England 
are beginning to take a different view, and to recognise the equity 
and humanity of the Brehon code. It may not be out of place 
to glance at the history of Ireland to ascertain what was the 
effect of the tanistry system, and of the laws regulating the 
possession of the soil. Land is a bond of union. Its produce 
satisfies man's physical wants. Its distribution is the basis 
of legislation. During the existence of tanistry, Ireland 
was the ark, in which the knowledge of the Western world 
rode secure amid the turmoil of the Gothic invasion. It 
was the school of learning for Western Europe. King Alfred 
was educated in Ireland, and it furnished the first masters to 
the Universities of Paris and Padua. The scholastic insti- 
tutions of Bangor, in the county Down, and Lismore, in the 
county Waterford, educated thousands of pupils. Bangor 
alone is reported to have had five thousand students. The 
Irish missionaries visited and settled in the south of Scotland, 
the north of England, in France, and in Switzerland, where 
the memory of an Irish scholar is perpetuated in the name of 
St. Gall. Ireland gave bishops to Northumberland and to 
Germany, and she then received from Europe the title of "the 
Isle of Saints." One of her learned sons, Donatus, who suc- 
ceeded Albinus as head of the college at Padua in the 
ninth century, left a Latin description of Ireland at that 
time : 

"Far westward lies an isle of ancient fame, 
By nature blessed, and Scotia is her name, 
Enrolled in books ; exhaustless is her store 
Of veiny silver and of golden ore ; 
Her fruitful soil for ever teems with wealth, 
With gems her waters, and her air with health ; 
Her verdant fields with milk and honey flow, 
Her woolly fleeces vie with virgin snow; 


Her waving furrows float with bearded corn, 

And arms and arts her envied sons adorn. 

No savage bear with lawless fury roves, 

No rav'ning lion through her sacred groves, 

No poison there infests, no scaly snake 

Creeps through the grass, nor frogs annoy the lake ; 

An island worthy of its pious race, 

In war triumphant, and unmatched in peace." 

The venerable Bede, in his history, tells of the munificence 
and liberality of the Irish. He says, 

"These visitors were most willingly received by the Scots [thus he terms the 
Irish], who maintained them at their own charge, supplied them with books, 
and became their teachers without fee or reward. " 

This passage of Bede should never be quoted without a 
recollection of the comment presented by Lord Lyttleton, 
who styles it " a most honourable testimony, not only to the 
learning, but likewise to the hospitality and bounty of the 
Irish nation." 

John Sulgen, son of Sulgen who was Bishop of St. David's 
in the year 1070, thus describes the condition of Ireland, and 
their bounty towards strangers. He thus wrote in the life of 
his father : 

" With ardent love for learning Sulgen sought 

The school in which his fathers had been taught ; 

To Ireland's sacred isle he bent his way, 

Where science beamed with bright and glorious ray. 

But lo ! an unforeseen impediment 

His journey interrupted as he went ; 

For sailing toward the country where abode 

The people famous in the word of God, 

His bark, by adverse winds and tempests tossed, 

Was forced to enter on another coast ; 

And thus the Albanian [Scotch] coast the traveller gained, 

And there for five successive years remained. 

At length arriving on the Scottish [Irish] soil, 
He soon applies himself to studious toil. 
The Holy Scriptures now his thoughts engage, 
And much he ponders o'er the oft-read page, 
Exploring carefully the secret mine 
Of precious treasure in the law divine ; 


Till thirteen years of diligence and pain 
Had made him affluent in heavenly gains, 
And stored his ample mind with rich supplies 
Of costly goods and sacred merchandise ; 
Then, having gained a literary name, 
In high respect for learning, home he came, 
His gathered store and golden gains to share 
Among admiring friends and followers there." 
The late Rev. Arthur West Haddan, in an article upon the 
Scots (Irish) on the Continent, which will well repay perusal, 
speaks of the race of scholars, who from the sixth to the 
tenth century went forth from Bangor and Lindisfarne 
upholding Greek learning and philosophic speculation, 
asserting the freedom of the will, believing in the existence 
of the Antipodes, by far the best astronomers of their time, 
who well nigh anticipated the theory of Copernicus. This 
remarkable and interesting school followed in the wake of 
St. Columbanus forming into famous societies at Luxeuil, St. 
Gall, and Bobbio, and branching off into minor foundations at 
Reichenau, Disentis, Remiremont, Lure, Jouarre, Faremoutier, 
Lagny, Hautvillers, Moutier-en-Der, Fontenelle, and Jumieges. 
Mr. Haddon says of Ireland : 

" In the gradual development of the Papal power she remained in 
her isolation a standing proof of the novelty of theories unknown to 
the Church in earlier times, a living instance of what had formerly 
been held for truth, an island not absorbed by the rising waters of the 
Papacy, until, indeed, the twelfth century." 

A curious though well-authenticated discussion as to the 
position of the Irish Church occurred at the Council of 
Constance, A.D. 1414 : 

" There was an ancient custom in those councils of voting by 'Nations, 
as it was called. Four 'nations' were acknowledged viz., France, Spain, 
Germany, and Italy. These 'nations' were not 'kingdoms.' Each was 
a collection of several independent kingdoms. They had the lists ; and 
they found that each 'nation' comprised six or eight kingdoms, whose 
governments were independent of each other. At the Council of Constance, 
which was held A.D. 1414, the King of England claimed that the English 
should be acknowledged as a separate 'nation,' having a vote of their 
own in the council. The King of France was very jealous at this, and 
ordered his ambassadors to protest against it in the council; their 


protest is given in the appendix of the council to which he had referred. 
The ambassadors insisted that England had always been reckoned part 
of the German 'nation' in all general councils; and they maintained 
that it ought to be so still, for, as England had only twenty-five bishops, 
it was absurd that so few should have a separate vote in the council. 
The ambassadors of the English king were heard in reply, and they did 
not deny either of the above statements ; but they said, in answer to the 
fewness of their bishops, that the Irish, who had sixty dioceses, were 
united with them in the 'Anglican nation,' and taking in the Welsh, and 
some Scotch bishops who joined with them, there were no bishops 
altogether. And in answer to the statement that England had always 
been counted part of the German nation, and not a nation in itself, they 
did not deny it ; on the contrary, they seemed to admit that this was true ; 
but then they quoted St. Albert the Great and Bartholomaeus as follows : 
' That the whole world being divided into three parts, viz., Asia, Africa, 
and Europe ; Europe is divided into four kingdoms first, the Roman ; 
secondly, the Constantinopolitan ; third, the kingdom of Ireland, which 
is now translated to the English; and the fourth, the kingdom of 
Spain. From which it appears that the King of England and his kingdom 
are of the most eminent and the most ancient kings and kingdoms of all 
Europe, which prerogative the kingdom of France cannot obtain.' Such 
was the defence of the ambassadors of England. They did not rest their 
claim upon the rights of England itself, but on her inheriting the ancient 
rights of Ireland; and thus England obtained dignity in Europe and 
influence in Christendom by her union with Ireland. For this defence 
having been heard by the Council of Constance, they decided that 
England and Ireland united should vote and rank as a separate nation, 
thus giving them an influence in the council which the King of France 
sought to prevent, and which would have been wholly lost if England 
had stood alone- As an appropriate acknowledgment of their obligation 
to Ireland, the 'Anglican nation' was thoroughly represented in that 
council by 'Patrick, Bishop of Cork.'" 

I have endeavoured as briefly as possible to convey a cor- 
rect idea of the land system of this period, which comprised 
nearly eighteen centuries, and during the latter portion Ireland 
was renowned for its learning and civilization. The Irish 
people naturally revert to this portion of their history with 
pride and satisfaction, and later writers, both English and 
foreign, are disposed to do justice to the humanity and excel- 
lence of the Brehon code of laws and the tanistry system of 



THE comparatively peaceful and prosperous state of Ireland 
which existed under the Tanistry system of landholding, the 
Brehon social code, and the sway of Christianity, was broken 
in upon by the incursions of the Scandinavian sea robbers. 
They were called Esterlings or Ostmen, and also Galls, or 
foreigners. Their piratical expeditions commenced about 
the end of the eighth century, and whilst they infested 
England and France, Ireland did not escape. Their first 
invasions were made in small parties, for the sake of plunder, 
and they were frequently repulsed. By degrees the invaders, 
either by force or treaty, obtained some small settlements. 
The Irish, though too prone to predatory incursions, had no 
national armament, no united force to meet the disciplined 
hosts thrown upon their shores. Ireland had enjoyed such a 
state of peace, that there were no fortified places, no baronial 
residences ; and hence it was easily overrun and ravaged. 
But the people rallied, and waged a not unequal war with the 
invaders, who failed to establish a dynasty in Ireland, though 
they did so in Normandy and England. The aboriginal 
English succumbed to the Anglo-Saxon, but the Irish 
resisted and defeated the Danes. 

The first shocks of their invasion fell with great seventy 
upon a people without central government, none of whose 
chieftains could bring into the field a force numerically equal 
to that of the invaders ; they were defeated in detail. The Irish 
chieftain and the Tanist were both elected by the sept which 
spontaneously upheld their authority ; therefore there was no 
need of the feudal castle with its band of armed men. The 
services of the tribes were not compulsory. The Anglo- 
Saxon thane, or earls, surrounded their dwellings with a 
moat or ditch, they were approached by a drawbridge, they 
were protected with a portcullis and gates, they were furnished 
with armed men, and from the lofty keep the watchman 
gazed with unwearied eye over the country in order to detect 
the approach of a foe and give timely warning of danger. 


The Celtic chieftain needed none of these safeguards. The 
clans might have wars with neighbouring or other clans, and 
might engage in warlike expeditions, but the rights of 
individuals became so merged in the general interests of the* 
clan as not to produce the evils which arose from the 
arbitrary rule of petty chiefs. This comparative confidence 
had its own peculiar evil ; the country was unprotected, and 
when invaded, either by the Danes or the Normans, there 
were few fortified places to retard their march. 

The rapidity with which these invaders overspread the 
nation is attributed by Sir John Davis to the absence of 
castles and fortified places. He wrote, 

" Though the Irishry be a nation of great antiquity, and wanted 
neither wit nor valour, and though they have received the Christian 
faith above 1,200 years since, and were lovers of poetry, music, and 
all kinds of learning, and were possessed of a land in all things 
necessary for the civil life of man, yet, strange to be related, they did 
never build any houses of brick or stone, some few poor religious 
houses excepted, before the reign of King Henry II., though they were 
lords of the Irish many hundred years before and since the conquest 
attempted by the English. Albeit when they saw us build castles 
upon their borders, they erected some few piles for the captains of the 
country, yet I dare boldly say that never any particular person, 
either before or since, did build any brick or stone houses for his 
private habitation, but such as have lately obtained estates accord- 
ing to the course of the law of England. Neither did any of them 
in all time plant any garden or orchard, settle villages or towns, or 
make any provision for posterity." 

We have here the picture of a nation enjoying all that con- 
tributes either to the wants or luxuries of life, and yet in the 
enjoyment of laws which promoted such commutative justice 
that at a period when nearly the whole of Northern Europe 
was studded with fortified castles, the residences of spoilers 
and oppressors, the Irish people enjoyed their "poetry, music, 
and all kinds of learning;" they "possessed all things neces- 
sary for the civil life of man," and yet were free from the 
continued apprehension that some neighbouring lord would 



swoop from his eyrie, and seizing their lamb in his 
powerful talons, bear it to his hold. The debauch and riot 
which disgraced the baronial hall, and debased alike the 
knight and the man-at-arms, were unknown amid the purer 
life of the Celts, who, actuated by nobler purposes, cultivated 
their own minds and then became missionaries, carrying to 
the outer world the sublime truths of Christianity and 

In the year A.D. 795 the first attack of the Danes upon the 
coast of Ireland was made. They laid waste the island of 
Rathlin, off the coast of Antrim. In 798 they attacked the 
coast of Ulster, and in 802 set fire to the monastery of lona, 
and destroyed many of the monks. In 807 they effected a 
landing in Ireland, and penetrated as far as Roscommon, 
which they then destroyed, laying waste the surrounding 
country. The French annals inform us that in A.D. 812 : 

" The fleet of the Normans having attacked Ireland (the island 
of the Scots), after a battle had been fought with the Scots, and no 
small part of the Normans killed, returned home in disgraceful 

Father Walsh thus expresses his sorrow at the devastation 
of the Danes : 

" There was no monarch in Ireland now (the ninth century) but 
the saddest interregnum ever any Christian people had or heathen 
enemies could wish. No more king over the people but that 
barbarous heathen Turgesius. No more now the island of saints, nor 
mart of literature. No more Beauchun (Bangor) to be seen, but in 
ashes now a second time, all the holy monks thereof murdered by the 
cruel Danes, and buried under its rubbish. No more the monastery 
of Fionbaur, at Cork, at which 700 conventual monks, and together 
with them seventeen bishops, at one time wholly devoted themselves 
to a contemplative life. No more that wonderful cloister of all for 
angelical visions and communications under St. Mochada, at Ruthin 
first, and then at Lismore, containing no fewer than 100 of the most 
remarkable monks for sanctity that have ever been of any age or 
nation. No more the celebrated cells of Maghbile, or any at all of 


so many holy places echoing forth continually the praises of God. 
No more the renowned schools of Dundaleagthghlus, Armagh, 
Lismore, or Cashel. No more a university, or academy, or college 
of learning in all the land, nor foreigners coming to admire or study 
in them." 

These cruelties of Turgisius were avenged by Olchoban 
Mac Knee, who was at first Abbot and Bishop of Emly, but 
was afterwards raised to the throne of Cashel or Munster. 
In 846 Emly was invaded, and the residence of the bishop 
attacked. This roused the spirit of the warlike bishop, who 
attacked and defeated Turgisius. The cruel chieftain gathered 
his adherents and again attacked and expelled the Primate, 
Foraina, and his clergy, and burned the place. He was 
attacked by Melsiachlin, King of Ireland, and defeated and 
killed. Colgan says that during the several invasions of the 
Danes, Armagh was six times plundered, twice laid waste, and 
thirteen times burned. Kells was five times ravaged and 
thirteen times burned. Kildare was ravaged fourteen times 
and burned ten times ; Clomacnoise was burned eleven times 
and plundered twenty-three times ; and Cork was ravaged five 
times and set fire to seven times. 

In 853 the Norwegian Prince Amlave (whose name is also 
written Olaff or Auliffe) came to Ireland, accompanied by his 
brothers Sitiu and Ivar. One of them built Dublin, another 
Limerick, and the third Waterford. They became converts 
to Christianity, and Olaff, or Saint Olaff, gives his name to 
one of the parishes and a church in the city of Waterford. 

In the beginning of the tenth century the power of the 
Danes received a check. Flan Sivima was then King of 
Ireland ; he repeatedly defeated the Danes. The uncultivated 
lands began to be tilled again, and Christianity dared to show 
its face once more, and the seminaries of learning began to 
flourish with new vigour. Cormac, King of Munster, collected 
and compiled the Irish historical records, which are known as 
the Psalter of Cishel, and built the beautiful small church on 
the Rock of Cashel called Cormac's Chapel. In his reign the 
Northmen or Danes returned, and after his death they 


attacked Ireland with fresh vigour. Waterford, Cork, Lismore, 
and Agaboe first felt their fury. They again spread misery 
and desolation through various parts of the isle. During this 
century the war between the Irish and the Danes was waged 
with varying success, until at length they were defeated by 
Brian Boroimhe at the battle of Clontarf in 1014, at which he 
and his son Morogh, and his grandson Turiogh, were slain. 
Churches, schools, and other religious establishments were 
erected and rebuilt, roads and bridges were constructed through 
the country, and the public highways put into repair. The 
lands, too, which had been usurped by the Danes were 
restored to their original proprietors, the pagan foreigners 
being expelled from them. 

The necessity of defending themselves from foreign invasion 
led to changes in the social system of the Irish, and to the 
disturbance of that order which prevailed for centuries. Force 
was required to repel force ; hence organisms arose quite 
foreign to its ancient institutions. The existence of armed 
disciplined bodies which sprung from invasion fostered ambi- 
tion that led to schemes of conquest and disorder. Those 
who had taken up arms to defend their rights became them- 
selves aggressors. There was no sufficiently strong central 
authority to repress violence ; hence disorder and confusion 
prevailed to a greater extent than formerly. 

The presence of the foreign element acted like a cancer in the 
system, and led to the further interference of strangers, and 
unhappily the religious element played an important part in 
these transactions and aggravated the evil. The Irish Church 
maintained a semi-independent existence, and enjoyed until 
the twelfth century a ritual almost identical with the Eastern 
or Greek Church. The invaders, however, having an affinity to 
the Normans, placed themselves under the banner of the Latin 
Church. When William of Normandy secured the English 
throne he thrust aside the Saxon prelates, and placed Lanfranc, 
an Italian, in the see of Canterbury. The Danish settlers in 
Ireland, being of the same race as the Normans, seized upon 
the opportunity of winning for themselves foreign aid. The 


cities of Dublin, Limerick, and Waterford almost simultaneously 
elected bishops, but, instead of having them consecrated in 
Ireland or in connection with the Irish Church, they sent them 
to England, and thus established an Episcopacy in Ireland, 
not in connection with the Irish Church, and giving the see of 
Canterbury a pre-eminence over Armagh. Patrick, who was 
chosen Bishop of Dublin in 1074, went to England to be con- 
secrated by Lanfranc, Archbishop of Canterbury, and made 
the following profession of obedience : 

" Whoever presides over others ought not to scorn to be subject to 
others, but rather make it his study humbly to render in God's name 
to his superiors the obedience which he expects from those placed 
under him. On this account I, Patrick, elected prelate to govern 
Dublin, the metropolis of Ireland, do offer thee, reverend father 
Lanfranc, Primate of Britain and Archbishop of the Holy Church of 
Canterbury, this charter of my profession ; and I promise to obey 
thee and thy successors in all things appertaining to the Christian 

The submission of even a portion of the people in Ireland 
to the rule of the Norman tempted William I. to invade 
Ireland, but death prevented the fulfilment of his intentions 
and delayed that event. 

The period of Danish irruptions was, however, like the 
seedtime, in which, amid apparent defeat, the ploughshare 
and the harrow tore the social system asunder and spread 
seeds destined to affect the entire system. Nor were other 
influences wanting. The Irish Church held, on various points, 
dogmas more in accordance with the Greek than the Latin 
Church, and some historians assert that the authority of the 
Roman Pontiff was not as implicitly acknowledged as in other 
parts of Western Europe. In Northumberland and in France 
the Irish missionaries were denounced for holding views dif- 
ferent from those of the Latin Church. The Irish arch- 
bishops did go to Rome for the pallia. Indeed, Cardinal 
Barnabo goes so far as to declare that the Irish, at this period, 
were schismatics. Some of the Irish ecclesiastics, who derived 
their orders from Canterbury, were desirous of securing greater 


apparent uniformity ; and one eminent prelate died in Swit- 
zerland on his second visit to Rome to promote this object. 
These negotiations led to the visit of Cardinal Papire, or 
Papeson, who came to Ireland as Legate in 1148, and in 1151 
summoned a council of 3,000 ecclesiastics, and four palls were 
solemnly received from the Pope by the Archbishops of 
Armagh, Dublin, Cashel, and Tuam. At the same time the 
celebration of Easter was adjusted according to the usage of 
the Latin Church. This was the natural outcome of the 
election of bishops by the Danes and their consecration by 
the Archbishop of Canterbury. Unfortunately, at this junc- 
ture, the pontifical tiara graced the brows of the only English- 
man (Nicholas Brakespeare) who ever filled the highest office 
in that Church, and some historians assert that he went so far 
as to confer the sovereignty of Ireland upon the English 
monarch. I have seen what purports to be the Bull of Pope 
Adrian IV., in which he claims that all the islands upon which 
" Christ, the Sun of Righteousness, hath shone, belong, of 
right, to the see of St. Peter's," and proceeds to give Ireland 
to Henry II., on condition that he would " establish the rights 
of the Holy Roman Church and pay Peter's pence." Adrian 
IV. was elected Pope in the same year (1154) that Henry II. 
succeeded to the kingdom; the Papal Bull is dated 1155. Its 
authenticity is denied by some later Catholic writers, who 
say, even if it were issued, it became inoperative, according to 
canon law, as it was not acted upon within a year ; but older 
authorities admit its authenticity and validity. Matthew of 
Westminster, an ancient writer, says : 

" About the same time, Henry, King of England, sending solemn 
ambassadors to Rome, requested Adrian (who had recently been 
made Pope, and whose favour he confidently hoped to obtain as 
being an Englishman) that he would license his entering Ireland in 
a hostile manner, and allow him to subdue that country and bring 
back its beastly inhabitants to holding the faith of Christ in a more 
seeming manner, and induce them to become more dutiful children 
of the Church of Rome, exterminating the monsters of iniquity that 
were to be found in the country, which request the Pope graciously 


complied with, and sent the monarch the following letter, granting 
the sanction desired." 

Then follows the letter. 

Cardinal Pole, in a speech to Parliament in the reign of 
Queen Mary, 1554, said : 

" That as Adrian was an Englishman, the tendency to add to the 
power and dominion of England made him willingly accede to the 
request made by Henry's ambassadors." 

Matthew of Westminster adds : 

" King Henry, therefore, towards Michaelmas (of the same year, 
1155), held a Parliament in Winchester, in which he treated with 
his nobles concerning the conquest of Ireland; but because the 
thing was opposed to the wishes of his mother the Empress (Matilda), 
that expedition was put off to another time." 

Henry became occupied with his continental dominions, 
and became embroiled in the feud with the Church which 
eventuated in the murder of St. Thomas-a-Becket (the Arch- 
bishop of Canterbury). These events delayed the projected 
invasion. The Irish kings and chiefs were aware of Henry's 
intentions, and their knowledge may have brought about the 
events which subsequently took place. No great pretence 
could be assigned for such an invasion as Henry contem- 
plated. Ireland was entirely independent, and except upon 
religious grounds there was not a pretext for such an outrage 
upon her nationality, but events were hurrying forward which 
led to the ultimate subversion of her institutions and the 
destruction of her independence. 

The Scandinavian incursions did not, as far as I can 
discover, make any alteration in the system of land-holding. 
They ravaged and destroyed, but did not attempt to build 
up, and, with the exception of some seaports and cities, they 
do not appear to have acquired permanent territorial rights. 
The Irish Septs, with their Chieftains and Tanists, continued 
to own the land, and the Brehon Code was their legal 



IT happens not infrequently in political affairs that events 
of an apparently secondary character tend to promote 
primary objects unattainable by direct means. The oppo- 
sition of the queen mother, the Empress Matilda, the 
indifference of the English nobles, and the feud with the 
Church, seemed to have put an end to Henry's ambition to 
add Ireland to his other dominions ; but an event in no way 
connected with the main design brought about that which 
had seemed improbable and remote. Dermod MacMorrough, 
King of Leinster, whose tyrannical, profligate, and inhuman 
disposition made him an object of terror and hatred to almost 
every one who knew him, had provoked the vengeance of 
Roderick O'Connor, Kingof Ireland, who expelled him from his 
dominions, A.D. 1167, in consequence of his violent abduction of 
the wife of Tiernan O'Ruarc. This Irish version of the Iliad, led 
Dermod, whose immediate dependants had deserted him in the 
hour of his distress, to seek the aid of Henry. That monarch 
was in France, and Dermod followed him, claiming his aid, 
and promising that if he would restore him to his kingdom he 
would become Henry's vassal. Dermod was not king of 
Ireland, he was one of the subordinate kings, and having 
been guilty of crime, was lawfully expelled from his do- 
minions. If he became vassal to Henry, that monarch would 
supposing he legally stepped into Dermod's position have 
been subordinate to the King of Ireland. But Henry, how- 
ever desirous of reaching the object of his ambition, was 
personally unable to accompany Dermod to Ireland. Wish- 
ing to avail himself of the opportunity of gaining a footing 
for the English in Ireland, he gave Dermod the following 
letter : 

" Henry, King of England, Duke of Normandy, Aquitane, Earl of 

Anjou, &c. 
" Unto all his subjects, English, Normans, Welsh, and Scots, and to all 

nations and people being his subjects, greeting, 
" Whereas Dermod, Prince of Leinster, most wrongfully (as he in- 


formeth) banished out of his own country craved our aid, therefore 
for so much as we have received him into our protection, grace, and 
favour, whosoever within our nation, subject unto our command, will 
aid and help him whom we have embraced as our trusty friend for 
the recovery of his lands, let him be assured of our favour and licence 
in that behalf." 

This document proves that Dermod only claimed to be 
" Prince of Leinster," and the aid to be given him was "for 
the recovery of his land'' Notwithstanding Henry's letters of 
license, Dermod did not for several months succeed in 
obtaining succour. At length he prevailed on Richard, Earl 
of Pembroke, generally called Strongbow, to espouse his 
cause, by promising him his daughter Effa or Eva in marriage, 
and with her the inheritance of the princedom. This bait 
was swallowed by Pembroke. According to Irish law, 
the princedom was an elective office, which Dermod could 
not bestow. Strongbow secured the aid of Robert Fitz- 
stephen and Maurice Fitzgerald, Hervey of Mountmorris, 
and Maurice de Prendergast, on condition of ceding to 
them the town of Wexford with a large adjacent territory as 
soon as by their assistance he could be reinstated in his 
rights. The invasion of Ireland was, therefore, the act of 
private adventurers ; and as Dermod could not legally give 
them more than he possessed himself, the gifts were liable 
to all Dermod's obligations in relation to the lands. Fitz- 
stephen and Fitzgerald landed in 1170 with 390 men. 
Strongbow with Raymond le Gross followed, and landed in 
Waterford 23rd August, 1170. Leinster was overrun, Dublin 
was captured, and Dermod was restored to his princedom, 
which he did not long enjoy, his death taking place in May, 
1171. It does not appear that he ever performed the act of 
vassalage, or that Henry, as his superior, bestowed the order 
of investiture, which was part of the feudal system. Strong- 
bow assumed the principality of Leinster as the dower of 
his wife; this, though consonant with English feudal law, 
was contrary to the Brehon Code, and, had right pre- 
vailed, Strongbow's claims, and those of his followers, were 


subject to the obligations of that code, as they represented 

Henry became jealous of the rising power of Earl Strong- 
bow, and he addressed the following inhibition to the 
English in Ireland : 

" We, Henry, &c., &c., forbid and inhibit that from henceforth no 
ship from any place in our dominion shall traffic or pass into Ireland, 
and likewise charge that all our subjects upon their duty and allegi- 
ance which are there shall return from thence to England before 
Easter next following, upon pain of forfeiture of all their lands, and 
the person so disobeying to be banished from our land and exiled 
for ever." 

Strongbow, who did not wish to lose his English possessions, 
or to exchange them for those he acquired in Ireland, sent 
the following reply by Sir Raymond le Gros to Henry. 

" Most puissant Prince, my dread Sovereign, I came into this land 
with your Majesty's leave and favour (as far as I remember) to aid 
your servant Dermod MacMorrough ; what I have won with the sword, 
what was given me, I give you ; I am yours, life and living at your 

This answer appeased Henry ; the Earl remained at the 
head of the English and native forces. But Henry was 
not satisfied with this acknowledgment of his position. He 
called his vassals around him and fitted out an expedition ; 
and in October, 1171, he landed at Waterford with 5 
knights and 4,000 men-at-arms. 

Roger of Hovenden, a contemporary historian, gives the 
following account of Henry's proceedings in Ireland : 

" On the next day after the coming of the King of England to 
Ireland, namely, on Monday, October the i8th, the festival of St. 
Luke the Evangelist, he and all his armies proceeded to Waterford, 
an Episcopal city. And there he found William Fitz-Adholm, his 
brother, and Robert Fitz-Reinard, and certain others of his own 
family, whom he sent on before him from England. And there he 
stayed fifteen days (until there had come to him the kings and nobles 
of the country). And there came to him, by his own order, the King 
of Cork and the King of Limerick and the King of Ossy and the 


King of Meath, and Reginald of Waterford, and almost all the 
princes of Ireland except the King of Connaught, who said that he 
was of right the lord of all Ireland. The King of England, how- 
ever, could not by any possibility attempt to crush him in war at 
that wintry season, in consequence of the flooded state of the 
country and the rugged mountains and desert wolds that lay between 
them. Moreover there came to the King of England in the place 
above mentioned all the archbishops, bishops, and abbots of all Ireland, 
and they received him for king and lord of Ireland, swearing fealty 
to him and his heirs, and the power of reigning over them for ever, 
and thereupon they gave him their papers [in the form of deeds with 
seals attached], and after the example set them by the clergy the 
aforesaid kings and princes of Ireland did in like manner receive 
Henry, King of England, for lord and king of Ireland, and became 
his men, and swore fealty to him and to his heirs against all men." 

Henry left Waterford for Dublin on the 2nd November, 
1171, and arrived in that city on the nth November. He 
remained in Ireland until the i/th April, 1172. No battle 
was fought while he was in the country. He was received by 
the Irish princes more as a protector and patron than an 
enemy. . Henry assumed the title of Lord of Ireland, and 
departed without striking one blow, or building one castle, or 
planting one garrison. Such was the conquest of Ireland by 
Henry II., which was as unjustifiable as it was inefficient. 

Sir John Davis, Attorney-General in the time of James I., 
thus describes the excursion of Henry II. into Ireland : 

" He departed out of Ireland without striking one blow, or building 
one castle, or planting one garrison among the Irish ; neither left he 
behind him one true subject more than those he found there at his 
coming over, which were only the English adventurers spoken of 
before who had gained the port towns in Leinster and Munster, and 
possessed some slopes of land thereunto adjoining, partly by Strong- 
bow's alliance with the Lord of Leinster and partly by plain invasion 
and conquest. The part of this island which was occupied by the 
adventurers, consisting of a small district round Dublin, and some 
ports along the south and east coasts, was taken under the direct 
dominion of the King of England, placed under the feudal law, and 


organized on the feudal system; the rest remained in the jurisdiction 
of the native chiefs and under the Brehon or Irish law." 

Roderic O'Connor, King of Ireland, who had expelled 
Dermod for his conduct towards O'Ruarc, Prince of Breffrey, 
refused at first to acknowledge Henry's sovereignty, but in 
1175, four years later, he entered into a treaty with Henry, 
which commences in the following manner : 

" This is the final treaty agreed to at Windsor on the octaves of 
St. Michael's Day, in the year of grace 1175, between our Lord Henry, 
son of the Empress Matilda, King of England, and Roderic, King 
of Connaught, through the agency of Catholicus, Archbishop of 
Tuam, and Cantordes, Abbot of St. Brendan, and Master Laurence, 
Chancellor of the King of Connaught. 

" To wit, that the King of England grants to the aforesaid 
Roderic his liegeman, King of Connaught, so long as he 
faithfully serves him, that he shall be a king holding under 
him and ready to serve him as his own man, and that he is 
to retain possession of his present territories, as firmly and 
peaceably as he held them before that our lord the King of England 
came into Ireland, paying him tribute ; and that he is to have under 
his superintendence and jurisdiction the whole of the remaining part 
of the land and its inhabitants, so as that they shall pay their tribute 
in full to the King of England through his hand ; and that they shall 
still enjoy their own rights, and that the present holders shall continue 
to hold in peace, so long as they remain faithful to the King of Eng- 
land, and pay him faithfully and in full their tribute and other dues 
which they owe him through the hand of the King of Connaught, 
saving in all things the privilege and honour of our lord the King of 
England and his ' own ' [/. e., the rights, &c., of King Roderic]." 

The tribute consisted of one hide for every tenth head of 
cattle killed in Ireland. The king reserved to himself Dublin 
and its appurtenances, all Meath and Leinster, besides 
Waterford and Dungarvan, which had been the territories of 
Dermod, King of Leinster. 

Roderic was King of Ireland, and the treaty proves that 
Henry limited his claims to that part of the land of Ireland 
of which Dermod MacMorrough was prince, and even in 


that portion Henry did not acquire any rights not possessed 
by Dermod, and the inferior estates of the chiefs and 
members of the clans were not disturbed by the proffered 
vassalage. The tribute levied on the rest of Ireland was a 
sort of black mail to avert injury, but the fact that Henry 
never visited Connaught or acquired possession of the land was 
pleaded in an action in Galway, in the reign of Charles I., 
when the jury found that Henry had not acquired these 

Ireland was, according to the Multifinan MSS., divided as 
follows for fiscal purposes : 

Munster 70 cantreds, 2,100 town lands, 16 800 carracutes. 
Leinster 31 930 7,400 

Connaught 30 900 7,200 

Ulster 35 1,050 8,400 

Meath 18 540 4,320 

Total 184 5,520 44,120, 

Each carracutewas about 120 acres, and this would make 
the grazing land 5,254,400 acres ; the area under tillage in 1875 
was 5, 332,81 3 acres ; the number of cattle then was 1,656,000; 
in 1848 it was 1,435,291. The tribute paid by Roderic 
O'Connor would make the number of cattle in Connaught 
270,000, in 1841 it was 298,877. One of the reasons which 
conduced to Henry's ready reception by the Irish princes was 
the hope that it would tend to secure better order and tran- 
quillity in the realm. Radulphus de Diceto, Dean of London, 
who flourished under King John, A.D. 1 197, says : 

" When the people of Ireland saw how wholly the mind of the 
King of England was set upon promoting and establishing peace, he 
being one that neither countenanced evil deeds by indulgent treat- 
ment, nor issued hasty sentence of death against any man summoned 
by his edict, they came to him suing for peace." 

Jan. 1 1 72 Henry convened the Council of Cashel, of which 
Giraldus Cambrensis observes : 


" While the island was therefore thus silent in the presence of the 
king, enjoying a tranquil calm, the monarch, wisely influenced by a 
strong desire to magnify the honour of God's church and the worship 
of Christ in those parts, summoned a council of the entire clergy of 
Ireland to meet at Cashel." 

Amongst the enactments are those for the payment of 
tithes, the honouring of churches with due devotion, and 
constant attendance at them, labouring by every means to 
reduce the state of the Church to the model of the Church of 
England. Some time after this council, King Henry sent to 
Rome to Pope Alexander III. a copy of the decrees passed 
at it and a copy of the deeds of submission to himself, as 
king and lord of the newly-acquired island which he had 
received from the archbishops and bishops, and the pontiff 
"by his apostolic authority confirmed to him and to his heirs 
the kingdom of Ireland according to the form of the deeds of 
the archbishops and bishops of Ireland." Pope Alexander 
wrote three letters, all bearing date the 2Oth September, 1 172, 
one addressed to the prelates of Ireland, another to Henry 
II., and another to the Irish nobles. The first is addressed 
to Christian, Bishop of Lismore, legate of the apostolic see, 
Galasius, Archbishop of Armagh, and the archbishops and 
bishops of Ireland. He tells them that he is thankful to 
God for granting to Henry such a noble victory and triumph, 
and urges them to be very zealous in supporting a monarch 
who was so "magnificent a personage and so truly devout a 
son of the Church," and that they should assist him to the 
best of their power in retaining possession of the country, and 
if any of the kings, princes, or other people of the country 
should attempt to act in opposition to the oath of fealty they 
had made to King Henry, they, the bishops of the Church, 
were first to admonish him concerning his offence, and then, 
if their admonition were unheeded, to visit him with the 
terrors of ecclesiastical censure. " Be sure," says he, " that 
you execute our commands with diligence and earnestness, 
that as the aforesaid king, like a good Catholic and truly 
Christian prince, is stated to have paid to us a pious and 


benign attention in restoring you, as well the tithes as the 
other ecclesiastical dues, so you likewise may yourselves 
maintain, and as far as in you lies, procure that others shall 
maintain whatever privileges appertain to the king's dignity." 
The letter to King Henry praises him for his efforts to extend 
the power of the Church ; he asks the king " to preserve to us 
in the aforesaid land the rights of St. Peter ; and, even if the 
said Church have no such jurisdiction there, that your Highness 
should assign and appoint it for her." In the third letter to 
the Irish princes, he tells them how happy he had been to 
learn that they had wisely submitted to such a potent and 
magnificent king as their sovereign lord ; a circumstance that 
promised their country, as he tells them, much greater peace, 
tranquillity, and improvement, and he exhorts them to be 
good subjects of King Henry, and to observe carefully the 
fealty and allegiance which they had promised on their 
oath to that prince. 

In 1177 Henry II., having obtained license from Pope 
Alexander III., appointed his son John, King of Ireland in 
the presence of the bishops and peers, and in 1186 Pope 
Urban sent over two legates into Ireland to crown John, the 
king's son, there. 

The relative value of Ireland and England in the reign 
of King John may be judged by the fact that when that 
miserable king by an instrument or charter granted to 
Innocent III. and his successors the whole kingdom of 
England and the whole kingdom of Ireland, and took back 
an estate thereof by an instrument sealed with a seal of 
lead, he undertook to pay 700 marks a year for England and 
300 marks a year for Ireland. Ireland was then in point 
of inhabited houses considered to be to England in the ratio 
of two to seven. Ireland at the present day is to England in 
point of income as one to fourteen, though the population 
is about in the ratio of one to four. The recently pub- 
lished State papers, 1171 to 1251, do not contain any 
grant of land in Ireland during the reign of Henry II. 
Many were made in the reign of King John. The first, July 


16, 1199, was made to the Knights Templars. It was followed 
by two grants to Walter Cross, one of the two islands of 
Asmudesty and Clere, for which the King received forty 
marks and the service of one and a-half knight's fee, the 
second gave one knight's fee at Karventhi and Kalke, two 
knights' fees at Kildeyn in the cantred of Huhene, and of 
five burgages within the walls of Limerick. Sept. 6 of same 
year there is a grant to Hamon de Valoignes of the two 
cantreds of Hochenel in the land of Limerick to hold of the 
King by the service of ten knights, and the same date a grant 
to Thomas Fitzmaurice of five knights' fees in the fee of 
Eleuri and cantred of Fontunel, and of five knights' fees in 
the fee of Huamerith in Thomond, on the river Shannon, and a 
burgage near the bridge on the left within the walls of 
Limerick. The same date there is a grant to William de Naas, 
of the castle of Karaketel, with five knights' fees in the 
fee of Syachmedth and cantred of Huhene and also of a 
burgage within the walls of Limerick. The same date a 
grant to William de Burgh of Aspatria, of the rest of the 
cantred of Fontunel, remaining in the king's hands, by the 
service of three knights' fees. The same date of a grant to 
Lambekin Fitzwilliam of a fee of five knights in the cantred 
of Hueme, and a burgage within the walls of Limerick, and 
the same day a grant to Robert Seignel of one knight's fee 
Chonchuherdechan^ in the fee of Huerthern, and a further 
grant of four burgages within the walls of Limerick. 

Sept. 1 2, same year, there are grants to Elyas Fitz-Norman, 
of the vill or adlongport, on the river Sur, to Humphrey of 
Tekeull of Kilduna, with three circumjacent knights' fees 
and a burgage in Limerick. 

Sept. 12. Grant to Milo de Brit of twelve carracutes of 
land at Long in the fee of Othohel and cantred of Huheme. 
Then follow at intervals grants to Gerald Fitzmaurice, 
Geoffrey Fitzrobert, John de Gray, Hugh Hose, William 
de Burgh, the Knights Hospitallers, Meyler Fitzhenry, to 
the Cistercian monks, to Thomas Abbot of Glendalough, 
to the abbey and monks of Blessed Mary, in Mayo, to 


Geoffrey de Costentus, Geoffrey de Marisco, Richard de Felder, 
and many others. In most cases a fine was paid to the king 
as well as the knights' service. Thus I find, Jan. 12, 1200, 
William de Breonne gives the king 5,000 marks tha the may 
have the honour of Limerick. The king retains in his 
demesne the city of Limerick, the gift of all bishoprics 
and abbeys and all royalties, the cantred of the Ostmen and 
the Holy Isle, and the tenements and service of William de 
Burgh, three cantreds in Cork to hold by the service of ten 
knights. To Philip de Prendergast of forty knights' fees, of 
which fifteen were between Cork and Insovenoch. To 
William Marshall, Earl of Pembroke, of his land in Leinster, 
to hold by service of 100 knights. To Murad O'Brien of 
cantred in Thomond, and to Richard de Burgh of all the 
land of Connaught which William his father held of the 

One of the early English settlers affords an instance of the 
way in which they were disposed to act towards the occupiers. 
Henry de Londres was not only Archbishop of Dublin and 
Papal Legate, but he was also Justiciary, an office equivalent 
to that of Lord Lieutenant. After his instalment as arch- 
bishop (1212) he summoned all the tenants and farmers of 
the see to appear before him on a day appointed, and to bring 
with them such evidences and writings as they enjoyed their 
holdings by. The tenants, at the stated time, presented 
themselves, and showed their evidences to their landlord, 
" mistrusting nothing ; " but before their faces, on a sudden, 
he cast them all into a fire secretly prepared. This fact 
amazed some that they became silent, and moved others to a 
strong choler and furious rage that they regarded neither 
place nor person, but broke into irreverent speeches : 
" Thou an archbishop ! nay, thou art a scorch-villain" 
Another drew his weapon, and said, "As good for me to 
kill as be killed, for when my evidences are burned 
and my living taken away from me I am killed." The arch- 
bishop, seeing this tumult and imminent danger, went out at 
a back door ; his chaplains, registers, and summoners were 



well beaten, and some of them left for dead. They threatened 
to fire the house over the bishop's head ; some means were 
taken to pacify their outrage, with fair promises that all here- 
after should be to their own content : upon this they departed. 
See Ware's "Annals of Ireland." 

King John, as well as his son, Henry III., attempted to in- 
troduce English laws into Ireland, but their policy was frus- 
trated by the barons, who preferred leaving the native Irish 
to be governed by their own laws and customs, which, being 
framed for a peaceful, contented people, gave more power to 
the strangers to persecute and oppress them ; for, as the 
King's courts were not open to the Irish, who continued to be 
governed by the Brehon Code, the Normans could, if the blood 
of a relative was shed, plead that he was only an Irishman, 
and thus be secured from human vengeance. The unfortunate 
inhabitants, perceiving the advantage to be derived from Eng- 
lish laws, petitioned Edward I. to admit them to the protec- 
tion of British law, and offered him a purse containing 8,000 
marks as an acknowledgment in return for the desired benefit. 
Twice they urged the appeal, and twice the king received it 
into favourable consideration, but evil influences prevailed, 
and the heartless rulers of Ireland succeeded in defeating the 
good intentions of the King and the just claims of an op- 
pressed people, and in 1315 "Donald O'Neyl, King of 
Ulster and rightful successor to the throne of all Ireland, and 
the princes and nobles of the said land, as well as the Irish 
people," addressed Pope John XXII. They say, 

"That Pope Adrian, an Englishman, at the false suggestion of 
Henry II. made over to him the dominion of our realm," they say, 
" we were despoiled of our royal honour without any offence of ours, 
and handed over to be lacerated by teeth more cruel than those of 
any wild beasts." " For since that time when the English, upon 
occasion of the grant aforesaid, under the mask of a kind of outward 
sanctity and religion, wickedly crossed the borders of our realm, they 
have endeavoured with all their might, and with every act of treachery 
they could employ, to exterminate and completely to eradicate our 
people from the country, and by means of low crafty scheming they 


have so far prevailed against us, that expelling us violently, without 
regard to the authority of any superior, from our spacious habitations 
and patrimonial inheritance, they have forced us to repair, in the 
hopes of saving our lives, to mountainous, woody, swampy, and 
barren spots ; and exerting themselves to the utmost of their power 
to drive us from them, and to seize upon every part of our native soil 
for themselves, contrary to all right ; falsely asserting, in the extreme 
frenzy which blinds them, that we have no right to any free 
dwelling-place in Ireland, but that the whole property of the 
said country belongs entirely of right to themselves." 

The document goes on to expose the treatment which the 
Irish received, and begs the Pope to appoint Edward Bruce 
to be king over them, and prayed that, out of a regard to 
justice and public tranquillity, the Pope would "forbid the 
King of England and our adversaries to molest us for the future ; 
or, at least, kindly vouchsafe to execute for us upon them the due 
requirements of justice." The Pope, on receiving this appeal, 
addressed a remonstrance to King Edward, in which he re- 
minds him that God hears the groans of the oppressed, and 
urges the expediency and advantage which would arise to the 
king from his looking into the wrongs of the Irish and grant- 
ing them redress, so as to cut off all occasion of just com- 

The Irish princes and nobles also complained to Pope John 
XXII. of the exclusion of Irishmen from positions in the 
Church, and referred to the decree of the Council of Kilkenny, 
which totally excluded all Irishmen from ordination or ad- 
mission into the religious bodies. 

The inhabitants were classified by the Duke of York, in 
his despatches to Richard II., as follows : 

" ist. Liegemen, or good subjects. 2nd. Irish enemies who had 
never submitted to the government, and who were, indeed, in a state 
of almost constant warfare with it. 3rd. Rebels, who, from being 
subjects by birth and submission, had taken up arms against the 
State, or at least renounced English laws and institutions." 

In the reign of Henry III. the rights of ladies with regard 


to the succession to land became the subject of legislation, 
and an Act was passed (14 Henry III.) which says, 

" Henry, King of England and Lord of Ireland, &c., &c. Certain 
knights of Ireland have made application to the king respecting the 
descent of land to sisters in Ireland, whether the younger sisters 
should do homage to the elder sister or to the king. The reply was, 
that by the custom of England they held as co-partners, and each 
should do homage to the king ; and it enacts that this custom shall be 
proclaimed throughout our dominion of Ireland, to be straitly kept." 

The sovereign tried to check the lawlessness of the English 
settlers and the king's officers ; but as their object was to 
obtain the lands of the Irish people, the statutes of the 
sovereign became a dead letter. The i/th Ed. II., A.D. 1323, 

" i. That the king's officers shall not purchase lands in Ireland 
without licence j and if any do the contrary, it shall forfeit to the king 
and his heirs. 

" 2. That they shall not by colour of their offices take victuals of 
any person against his will. 

" 3. That they shall not arrest ships or other goods of strangers or 
our own people, but that all merchants and others may carry their 
corn and other victuals and merchandises forth of our realm of 
Ireland into our realm of England, and unto our land of Wales, 
under penalty of double damages, and shall also be grievously 
punished by us." 

Edward IV. sought to break down the existence of the 
clan or sept, which, as joint owner of the land of the tribe, 
continued to maintain its existence, and a law was passed in 
the fifth year of his reign, which sought to abolish the clan 
names. It enacted, 

" That the Irish dwelling amongst the English in the counties of 
Dublin, Moth (Meath), Urul (Louth and Monaghan), and Kildare, 
should no longer be called by the name of their sept or nation, but 
each one should take upon himself a several surname, either of his 
trade or faculty, or of some quality of his body or mind, or of the 
place where he dwelt, so as every one to be distinguished from the 


It is not my object to write a history of Ireland, or to give 
any account of the unhappy incidents which arose from the 
weakening of the ancient system of laws and the absence of a 
competent jurisdiction. Sir John Davis, whose leanings 
were towards the English, observes, 

" Though Henry II. had the title of sovereign and lord over the 
Irish, yet did he not put those things in execution which are the true 
marks of sovereignty. For to give laws unto a people ; to institute 
magistrates and officers over them; to punish and pardon male- 
factors ; to have sole authority of making war and peace, and the 
like, are true marks of sovereignty, which King Henry II. had not in 
the Irish countries ; but the Irish lords did still retain all these pre- 
rogatives to themselves ; for they governed their people by the 
Brehon law; they made their own magistrates and officers, they 
pardoned and punished all malefactors within their several countries ; 
they made war and peace one with another without controlment, and 
this they did not only during the reign of Henry II., but afterwards 
in all times, even until the reign of Queen Elizabeth." 

The only object of the English appears to have been to 
acquire territories for themselves, and few crossed to Ireland 
except rude and barbarous warriors. The English adventurers 
and colonies planted took land from the Irish, yet they, as well 
as the Irish, strove to be independent of the Crown, and rose 
frequently in rebellion. In this state of disturbance many of 
the Irish were anxious to obtain the protection of English 
laws. The Brehon Code did not impose capital punishment, 
and if an Englishman murdered one of the mere Irish he 
claimed to be tried by Brehon law ; while, if an Irishman 
murdered an Englishman, it was avenged with the utmost 

" As long as they (the Irish) were out of the protection of English 
law," says Sir John Davis, " so as every Englishman might oppress, 
spoil, and kill them without controlment, how was it possible they 
should be other than outlaws and enemies to the crown of England ? 
If the king would not admit them to the condition of subjects, how 
could they learn to acknowledge and obey him as their sovereign ? 
When they might not converse or commerce with any civil men, no 


enter into any town or city without peril of their lives, whither should 
they fly but into woods and mountains, and there live in a wild and 
barbarous manner ? For, in a word, the English would neither in 
peace govern them by law, nor in war root them out by the sword ; 
must they not needs be pricks in their eyes and thorns in their sides 
till the world's end?" 

Where such a writer as Sir John Davis speaks of rooting 
out an entire people with the sword, we may easily fancy the 
feeling that actuated more ignorant and barbarous men. 
The object of the adventurers was to acquire the lands of 
the Irish ; they were harassed and tormented. Maurice 
Fitzthomas, of Desmond, began that system of extorting 
coin and livery, called in the old statutes a damnable custom, 
the imposing and taking of which was made high treason. 

" Besides," says Davis, " the English colonies being dispersed in 
every province of this kingdom, were enforced to keep continual 
guards upon the borders and marshes round about them, which 
guards consisting of idle soldiers were likewise imposed as a continual 
burthen upon the poor English freeholder and tenants, the great 
English lords and captains had power to impose this charge when 
and where they pleased ; many of the poor freeholders were glad to 
give unto these lords a great part of their lands to hold the rest free 
from that extortion ; and many others, not being able to endure that 
intolerable oppression, did utterly quit their freeholds and returned to 
England. By these means the English colonies grew poor and weak, 
though the English lords grew rich and mighty ; for they placed Irish 
tenants upon the lands relinquished by the English, upon them they 
levied all Irish exactions, with them they married and fostered, and 
made gossips ; so as within one age the English, both lords and free- 
holders, became degenerate and mere Irish in their language, in their 
apparel, in their arms and manner of fighting, and all other customs 
of life whatsoever." 

This sad picture shows how a noble people, intelligent and 
highly cultivated, sunk under tyranny and oppression. 

One of the Lord Deputies, in the reign of Henry VIII., 
gives the following picture of that portion in the possession 
of the English : 


"The Pale is overrun with thieves and robbers. The soldiers 
so beggarly that they could not live without oppressing the subjects. 
Leinster was harassed by the Tooles, Burns, &c., but especially the 
county of Kilkenny was almost desolate. Munster, by the dissen- 
sions between the Earls of Desmond and Ormond, was almost ruined. 
Connaught was almost wasted by the feuds between the Earl of 
Clanricarde and McWilliam Oughton, and Ulster was in open 
rebellion with Shan O'NeiL" 

One of the State Papers addressed to King Henry VIII. 
about the year 1515, thus describes the land of Ireland, 

" If the land of Ireland were put once in order, it would be none 
other than a very paradise, delicious, of all pleasaunce in respect and 
regard of any other land in this world. Inasmuch as there was never 
stranger or alien person, small or great, who would avoid therefrom 
by his will, notwithstanding the misorder, if he might have the 
means to dwell therein. How much more would be his desire to 
dwell therein if the land were once put in order." 

The putting in order which appears to be contemplated was 
the handing over to the English settlers the land of the Irish 
owners. The history of land in Ireland is almost an unvary- 
ing tale of spoliation. 

Absence from Ireland was sufficient to forfeit lands held in 
that country. The condition upon which these lands were held 
implied residence, for it was found necessary, in the reign of 
Henry VI.,* to pass an Act by which such lands would not be 
forfeited in cases in which the person was employed upon 
the king's business. 

* The 25th Henry VI., cap. 2, and 2$th Henry VI., cap. 9, runs thus, 
" Also it is ordained and agreed that if any of the King's liegemen or 
officers of his land of Ireland be out of said land of Ireland by the com- 
mandment of the King or his Heirs, Lieutenants, their Deputies, Justices, 
or the King's Council of Ireland, that their lands, Tenements, Rents, 
Benefices, or Offices, or other possessions whatsoever by their said 
absence shall not be seized or taken into the King'shands or his heirs, nor 
their offices void; and if so fortune that any of the said officers be taken 
by pirates or any other ill-doers or enemies, that they, at their return 
may occupy their said offices, notwithstanding any grant or gift of the said 
offices made to any other person in their absence, and if any service or 
gift be made to the contrary, the same shall be void and holden for none." 


The English settlers, the descendants of the Roman barons, 
became less and less civilized, and they were described in the 
language Hibernus ipsis Hiberniores, i. e., more Irish than the 
Irish themselves. Rapine, injustice, and spoliation were the 
rule of these lords ; and suffering, misery, and destitution the 
lot of the Irish people, who were deprived of the privilege of the 
mild laws of the Brehon code, which were unequal to control 
Norman violence, and who did not receive the compensating 
advantage of the English common law ; and the difficulties 
of the Irish were aggravated by an enactment which made the 
head of the sept answerable for every one of the sept, and bound 
him to produce him when charged with treason, felony, or any 
other heinous crime ; thus the innocent were made to suffer 
with the guilty, and the lands of the whole sept were liable to 
fine for the non-jurisdiction of one of the real or supposed 
members of the sept. They were punished without trial, 
judgment preceded inquiry, and innocence and guilt were 
confounded in indiscriminate retribution. 

Henry VIII. altered the title borne by his predecessors, 
and by an Act passed in the thirty-third year of his reign, that 
monarch took " for himself, his heirs and successors, the style 
and title of King of Ireland." The Act provided that " the 
king shall enjoy that style and title and all other royal pre- 
eminences, prerogatives, and dignities, as are united and 
annexed to the imperial crown and realm of England." Yet 
the Irish asserted their rights to their land, for Spencer 
relates : 

" That the Irish have always preserved their own law, which is the 
Brehon law, and that at the Parliament held by Sir Anthony St. 
Leger, Lord Deputy in the reign of Henry VIII., the Irish lords in 
acknowledging Henry for their sovereign reserved unto themselves 
all their former titles, tenures, privileges, and seigniories invalidate, 
and that their ancestors had no estate in any lands, seigniories, or 
hereditaments longer than during their own lives, for all the Irish 
da hold their land by tanistry, which is no more but a personal estate 
for his life, that is tanist, by reason that he is admitted thereunto by 
the election of the country." 


Henry VIII. appears to have grappled very resolutely 
with one of the evils of English rule the non-residence of the 
nobles. This, though the subject of previous legislation, was 
not enforced with vigour, but an Act in relation thereto was 
passed in the twenty-eighth of his reign, which is so quaint in 
its language, and so descriptive of the state of Ireland, that I 
quote its preamble at length. It declares, 

28th Henry VIII., c. 3. Forasmuch as it is notorious and manifest that 
this the King's land of Ireland heretofore being inhabited, and in due 
obedience and subjection to the King's most noble progenitors, Kings 
of England, who in those days in right of the crown of England had 
great possessions, rents, and profits within the same land, hath prin- 
cipally grown into ruin, desolation, rebellion, and decay, by occasion that 
great dominions, lands, and possessions within the same land as well by 
the King's grants as by course of inheritance and otherwise descended 
to noblemen of the realm of England, and especially the lands and 
dominions of the earldoms in Ulster and Leinster, who having the same 
both they and their heirs by process of time devising within the said realm 
of England, and not providing for the good order and surety of the same 
their possessions there,'in their absence and by their negligences suffered 
those of the wild Irishmen, being mortal and natural enemies to the 
Kings of England and English dominion, to enter and hold the same 
without resistance, the conquest and winning thereof in the beginning not 
only cost the king's said noble progenitors charges inestimable, but also 
those to whom the said lands were given, then and many years after 
abiding within said land nobly defended the same against all the King's 
said enemies, and also kept the same in such tranquillity and good order 
as the Kings of England had due subjection of the inhabitants there, the 
laws obeyed and of their revenues and regularities were duly answered, 
as in any other where within the realm of England, and after the gift or 
descent of the said lands, possessions, and dominions to the persons 
aforesaid, they and their heirs absented themselves out of the said land 
of Ireland dwelling within the realm of England, not pondering nor regard- 
ing the presentation thereof, the towns, castles, and garrisons appertain- 
ing unto them fell in ruin and decay, and the English inhabitants there, 
in default of defence and justice and by compulsion of those of Ireland 
were exiled, whereby the said king's progenitors lost as well their dominions 
and subjections there, as also their revenues and profits and their said 
enemies by re-adopting or attaining the said lands, dominions, and posses- 
sions were elevated into great dominion, power, strength, and puissafflfee 
for the suppressing of the residue of the king's subjects of this land which 
they daily ever since have attempted, whereby they from time to time 


usurped and encroached upon the king's dominions, which hath been the 
principal cause of the miserable estate wherein it is at the present time, 
and those lands and dominions by negligence and in default of the very 
inheritors, after this manner lost may be good example to the King's 
majestic now being intending the reformation of this land, to foresee and 
prevent that the like shall not ensue hereafter. It enacts that the lands 
of Thomas Harvard, Duke of Norfolk, and Lord Berkely, his co-partner 
in Carlow, Old Ross, and other manors ; those of George Talbot, Earl of 
Waterford and Salop in Wexford, and the heirs general of the Earl of 
Ormonde ; the Abbot of Furness ; the Abbot of St. Augustine's, Bristovv ; 
the Prior of Chad Church, Canterbury ; the Prior of Lanthony ; the Prior 
of Cartmel ; the Abbot of Kentisham ; the Abbot and Prior of Oswy ; the 
Abbot and Prior of Bath, and the Master of St. Thomas Acres, should 
forfeit their lands to the king, saving the right of all such as dwell in the 
land except those named, and saving also the right of John Barnewall, 
Lord Trimleton, and Patrick Barnevale. 

Mr. Smith, in his work on the Irish, alludes to the following 
curious circumstance. He says (p. 100), 

"In the reign of Queen Mary, when the septs of O' More and 
O'Connell were attainted, the septs pleaded that the chieftain could 
not by attainder forfeit the septs' lands, which he had never possessed. 
It would perhaps have been difficult at that time in the case of any 
of the great forfeitures to meet this plea. A feeling that the land 
was still theirs, and that they were unjustly kept out of their posses- 
sions, seems long to have survived these vast confiscations in the 
minds of the native proprietors." 

This shows that the system of Tanistry was continued in 
Ireland, and that the obligation imposed upon the sept and 
Crown were quite different from those which existed between 
liegeman and lord under the feudal system. The latter was 
a mutual tie of dependence and support ; while the chief of 
the sept was merely an elected officer, and did not possess 
the land of the clan. 

A review of the four centuries that elapsed from the landing 
of the English to the accession of Queen Elizabeth leaves 
upon the mind the impression of evil unmitigated by a single 
tint of good. The landing of the English cannot be elevated 
into the ranks of conquest, inasmuch as it took place upon the 


invitation of a wicked prince, to reinstate him in the 
dominions from which he had been evicted for his crimes. 
The English monarch accepted a subordinate position as an 
Irish Prince or chieftain, and despoiled his own subjects. 
The acquisition of part of Ireland added no lustre or strength 
to the English Crown ; on the contrary, like all great 
crimes, it brought its own punishment, and was a source of 
weakness. It opened a field for truculent English nobles, 
who, uncurbed by the sovereign, waged petty wars with the 
Irish for the purpose of despoiling them of their lands. The 
Barons became rebels. The Irish became disorganised, the 
clans were forced into a warlike position quite foreign to the 
genius of the Brehon code, in defence of their possessions, and 
the chiefs placed at the head of armed forces imitated the 
evil example of the English barons, and tried to acquire the 
hereditary right over the joint property of the sept.' Two 
systems of jurisprudence prevailed, yet neither had the full 
support of the administrative power of the Crown. The 
Irish were refused the advantages of education, and for- 
bidden to minister in the Church. The object of the 
governors was spoliation ; the adventurers lusted for the pos- 
session of the lands of Ireland ; and as there could be neither 
rebellion nor forfeiture where there was neither authority nor 
obligation, the Norman invaders resorted to brute force; 
" lauv lander enaughter" " the strong hand uppermost," 
became the motto of one of the most influential of the 
English families, and swayed the policy of all the others. To 
this was superadded the bitterness of religious strife, the 
aid of foreign power was evoked by the rebellious English 
subjects of the Queen. The Desmonds, the Geraldines, and 
the De Burghos rose against the Crown, and sought not only 
the aid of the more powerful Irish chieftains, such as the 
O'Neils, but also that of Spain. An army landed in the 
south, and it required 20,000 English troops to subdue 
Ireland. The Crown seized upon the lands of its own 
subjects, and Elizabeth rewarded Sir Walter Raleigh, 
Edmund Spencer, and others by the gift of forfeited lands- 


But the Irish executive did not wish for order or peace, 
and one of Elizabeth's ministers is stated by Lascelles, in 
Res gestos Anglorum in Hibernia, to have said, 

" Should we exert ourselves in reducing this country to English 
order and civility it must soon acquire power, wealth, and consequence. 
The inhabitants will thus be alienated from England ; they will either 
cast themselves into the arms of some foreign power, or perhaps cast 
themselves into a separate and independent state. Let us rather 
connive at their disorders ; for a weak and disordered people can 
never succeed in detaching themselves from the crown of England." 

True policy would have suggested a different mode of pro- 
ceeding. Elizabeth's favourite scheme was that of repeopling 
it by an English colony ; she issued letters to every county 
in England, encouraging younger brothers to become under- 
takers in a plantation of Ireland. The forfeited lands of the 
Desmonds were 574,628 acres, of which 244,080 were granted 
to the undertakers, and the remainder were restored to such 
of the former possessors as had been pardoned, and leases 
were made to the native Irish tenantry ; thus those whom 
Elizabeth wished to settle in Ireland defeated her intention, 
and instead of resident proprietors they became absentee 

Four Acts, the nth, I3th, 2/th, and 28th of Elizabeth, were 
passed for the purpose of confiscating the lands of the O'Neil 
in Ulster, those of the Knight of the Valley in Munster, of the 
White Knight in Munster, and of Viscount Baltinglass and 
the Desmonds in Leinster. 

Spenser, who lived for some years in Ireland, thus speaks 
of the country : 

" And sure it is yet a most beautiful and sweet country as any under 
heaven ; being stored throughout with many goodly rivers, replenished 
with all sort of fish most abundantly; sprinkled with many very 
sweet islands and goodly lakes like little inland seas, that will carry 
even shippes upon their waters, adorned with goodly wood, even fit 
for building houses and shippes, so commodiously, as that if some 
princes in the world had them, they would soon hope to be lords of 


the sea and ere long of all the world ; also full of good ports and 
havens, opening upon England, as inviting us to come unto them, to 
see what excellent commodities that country can afford ; besides the 
soil itself most fertile, fit to yield all kind of fruit that shall be com- 
mitted thereto, and lastly, the heavens most mild and temperate, though 
somewhat more moist in the parts towards the west." 

Ireland was invaded by the English for the avowed purpose 
of improving the condition of the people of the country ; it 
had been held for about four hundred years, and let us ask, 
what was its condition ? what were the benefits it received ? 
The principal witness I shall produce is an Englishman, the 
gentle author of the " Faerie Queene," who by the gift of Queen 
Elizabeth became an Irish settler, and resided for many years 
upon the borders of the counties of Cork and Waterford. He 
says : 

"Notwithstanding that the same was a most rich and plentiful 
country, yet they were brought to such wretchedness as that any 
stony heart would rise at the same. Out of every corner of the 
woods and glens they came creeping forth upon their hands, for their 
legs would not carry them ; they looked like anatomies of death ; 
they spake like ghosts crying out of their graves ; they did eat the 
dead carrions, happy when they could find them, yea, and one another 
soon after, insomuch as the very carcases they spared not to scrape 
out of their graves ; and if they found a plot of watercresses or 
shamrocks, there they flocked as to a feast for a time, yet not able 
to continue there withal, so that in short space there was none almost 
left, and a most populous and plentiful country suddenly left void of 
man or beast." 

Nothing can be more sad than this picture of the state of 
Ireland. The same writer in 1596 added, 

" There have been divers good plots devised and wise counsels 
cast already, about the reformation of that realm of Ireland. But 
they say it is the fatal destiny of that land, that no purposes 
whatsoever which are meant for good will prosper or take good 

Spenser thus recommends husbandry : 


" Because by husbandry, which supplieth unto us all things necessary 
for food, whereby we cheerfully live, therefore it is to be first provided 
for. The first thing, therefore, we ought to draw these new tithing 
men to ought to be husbandry. First, because it is the most easy to 
be learned, needing only the labour of the body, next, because it 
is most natural ; and lastly, because it is the enemy to war and most 
hateth unquietness; as the poet saith, 

* * * " Bella execrata colonis ; " 

for husbandly, being the nurse of thrift and the daughter of industries 
and labour, detesteth all that may work her scath, and destroy the 
travail of her hand, whose hope is all her lives, comfort unto the 

As to the increase of cattle in Ireland he says, 

" I would, therefore, wish that there were some ordinance made 
amongst them, that whosoever keepeth twenty kine should keep a 
plough going, for otherwise all men would fall to pasturage and none 
to husbandry, which is a great cause of the dearth now in England, 
and a cause of the usual stealths in Ireland, For look into all 
countries that live in such sort by keeping of cattle, and you shall 
find that they are both very barbarous and uncivil, and also greatly 
given to war. The Tartarians, the Muscovites, the Norwegians,the 
Goths, the Armenians, and many others do witness the same, and 
therefore, since now we purpose to draw the just from desire of war 
and tumult, to the love of peace and civility, it is expedient to abridge 
their great custom of herding, and to augment their trade of tillage 
and husbandry." 

The State Papers describe the condition of Ireland in the 
following language (vol. ii., p. 14) : 

" What common folk in all the world is so poor, so feeble, so evil 
beseen in town and field, so bestial, so greatly oppressed and trodden 
under foot, fares so evil with so great misery, and with so wretched 
life as the common folk of Ireland ? What pity is here wherewith 
to report ! there is no tongue that can tell, no person can write. It 
passeth far the orators and Muses all to show the order of the nobles, 
and how cruel they entreat the poor common people. What 
danger it is to the king against God to suffer his land, whereof he 


bears the charge and the cure temporal, to be in the said misorder 
so long without remedy ! It were more honour to surrender his 
claim thereto, and make no longer prosecution thereof, than to suffer 
his poor subjects always to be so oppressed, and all the nobles of 
the land to be at war within themselves, always shedding of Christian 
blood without remedy. The herd must account for his fold, and the 
king for his." 

The effect of the injustice which had been perpetrated and 
heaped up with continuous and increasing violence upon the 
Irish people was most deplorable. The dissemination of their 
property embittered their minds, and drove them into hostility 
to government. The refusal to admit the Irish to holy orders 
deprived the Church of the power and influence which it 
might have used to repress injustice and to soften the lot of 
those who were exposed to it. The constantly recurring 
rebellions of the Anglo-Norman nobles, who threw off the 
power of the Crown and assumed the title and state of 
princes, the wars between the Desmonds, Geraldines, and 
Butlers, tended to create and aggravate the confusion. The 
consequence of ill treatment was the degradation of the native 
race, it became demoralized and degraded. I cannot do 
better to illustrate their position than quote the words of 
Edmund Burke, who wrote, 

" To render men patient under the deprivation of all the rights of 
human nature, everything which could give them a knowledge or 
feeling of those rights, was nationally forbidden. To render humanity 
fit to be insulted, it was fit that it should be degraded." 

Elizabeth had a long and most severe struggle to establish 
her authority in Ireland, and at the end of a war of upwards 
of seven years' duration, in which as many as 20,000 English 
troops were engaged, a final capitulation was agreed upon, 
but she did not live to see it perfected ; it was signed a few 
days after her death. The country, worn out with this long 
and tedious war, was at length prostrate at the foot of the 
sovereign. The Plantagenets left to a new dynasty the duty 


of reconstruction and restoration, and we shall see how that 
trust was fulfilled. 


AFTER the rebellion and assassination of Shane O'Neil, 1568, 
his estates and those of his adherents, being most of the 
seignories and counties of Ulster, were confiscated by the nth 
Elizabeth, c. i., 1569, and vested in the Crown. The lands 
were given to English adventurers, but they found it impos- 
sible to hold their ground against the original inhabitants. In 
1588 O'Neill, the Earl of Tyrone, and other lords of Ulster, 
entered into a combination to defend their lands and religion. 
This war lasted fifteen years, and terminated in 1603. No 
cruelties were spared by the Lord Deputy Mountjoy to put 
them down. He made incursions on all sides, spoiled the 
corn, burnt all the houses and villages, and the people were 
reduced to live like wild beasts. Ireland, which had a popula- 
tion of two millions, was reduced to one-half. " The multi- 
tude," says Sir John Davis, " being brayed as it were in a 
mortar with sword, famine, and pestilence together, submitted 
to the English Government." All commodities had risen in 
value: wheat had advanced from 363. to i8os. per quarter; 
oatmeal, from 53. to 22s. per barrel, and other things in pro- 
portion. The submission in 1603 led to the settlement of 
Ulster by James I. 

In 1586 the large estates of the Earl of Desmond in the 
counties Cork, Limerick, Kerry, Waterford, Tipperary, and 
Dublin, comprising 524,628 acres (statute measure), were 
escheated, not for any overt act of treason, but on account of 
his quarrels with the Earl of Ormonde. These large posses- 
sions were a strong temptation to the Irish governors, but 
they found some difficulty in passing a bill of attainder. A 
claim was also set up by the Crown to the whole of Connaught 
and the county Clare, and an arrangement was made with 
the Lord Deputy, Sir John Perrott, that the lords and gentle- 
men of that district should surrender them to the Crown 


and receive back, Royal Letters Patent The surrenders were 
not enrolled, and the patents were not delivered. James I. 
issued a commission to receive the surrenders and re-convey 
the estates, by new patents, to the lords and gentry, they 
paying 3,000 for their enrolment in chancery. Though the 
money was duly paid the enrolment was not made, and the 
king claimed the land. The titles were pronounced defective, 
and the whole district was adjudged to vest in the Crown. 
This unfortunately resulted either from the negligence or 
wicked design of the officials, based, as Carte observes, " on 
a mere nicety of law which ought to be tenderly made use of 
in derogation of the faith and honour of the king's broad 
seal." The lords and gentry put no faith in the king's sense 
of equity ; they appealed to his necessities, offered double 
their annual compositions, and to pay a fine of 10,000. The 
proposal was entertained, and the western scheme of planta- 
tion was suspended. 

The jurors were coerced or bribed into finding for the 
Crown. The judges and law officers were rewarded. Sir 
Arthur Chichester got large possessions in Ulster, which remain 
in his "family to the present day, his descendant, the Marquis 
of Donegal, having large estates in Ulster. Sir John Davis 
was rewarded with a grant of 4,000 acres in the same province. 
" No means of industry," says Leland, " or devices of craft 
were left untried, and there are not wanting proofs of the 
most iniquitous practices of hardened cruelty or vile perjury 
and scandalous subornation, employed to despoil the fair and 
unoffending proprietor of his inheritance." 

"Where no grant appeared, or descent or conveyance in 
pursuance of it could be proved (says Carte), the land was 
immediately adjudged to belong to the Crown. All grants 
taken from the Crown since 1st Edward II. till loth Henry 
VIII. had been resumed by Parliament, and the lands of all 
absentees, and of all that were driven out by the Irish, were, by 
various acts, vested again in the Crown. . . . Nor did 
even later grants afford full security ; for if there was any 
former grant in being, at the time they were made, or if the 



patents passed in Ireland were not exactly agreeable to the 
fiat, and both of these to the king's original warrant trans- 
mitted from England in short, if there was any defect in ex- 
pressing the tenure, or any mistake in point of form, there 
was an end of the grant and the estate under it." 

The following statutes, confiscating lands in Ireland, were 
passed : 

Philip and Mary, 3 and 4, cap. i., ii. Disposing of Leix and Offaly. 

cap. iii. Divers and sundry waste grounds 

into shire grounds. 
Elizabeth, 2, cap. vii. Restitution of the hospital of 

St. John's. 

3, cap. iii. Lands of Christopher Eustace. 

n, cap. i. Attainder of Shane O'Neile. 

cap. iii. Thomas Knight of the Valley. 

Sep. 4, cap. ii. Restoring the Earl of Kildare. 

cap. viii. Attainder of Sir Oswalde Massing- 

12, cap. v. Attainder of all indicted for 

treason, from April i, 1569, to 

April i, 1571. 

Sep. 2, cap. v. John Fitzgerald, the White Knight. 

27, cap. i. Attainder of James Eustace. 

28, cap. vii. Attainder of Earl of Desmond. 

Attainder of John Browne and 


Mr. H. C. Hamilton, F.S.A., Assistant Keeper of the Public 
Records, in the introduction to the Calendar of State Papers, 
1509 1573, says: 

" The power of the English in Ireland had so much decreased in 
Henry VII. 's time that the old Irish system of government in clans or 
separate small nations had revived and was in full force throughout the 
greater part of the land. Of this government and its workings we 
have the best and most ample accounts in these papers. The wars 
of Henry VIII., Mary, and Elizabeth, reveal the whole strength and 
weakness of the system, and show how the superior combination of 
the English, supported by continual supplies of men and money from 
home, prevailed over the craft and daring of the native chiefs and 
favourite generalissimos." 


In the arguments in the case of Tanistry, 5th James I., it was 
alleged "that King John only made twelve counties in Leinster 
and Munster, viz., Dublin, Meath, Uriel, Kildare, Cather- 
lough, Kilkenny, Wexford, Waterford, Cork, Kerry, Limerick, 
and Tipperary. But the other provinces and territories of 
this kingdom, which are now divided into twenty-one counties 
at large, being then inhabited for the greater part by the mere 
Irish, were out of the limits of shire ground for the space of 
300 years after the making of the first twelve counties, and 
therefore it was impossible that the common law of England 
could be executed in these counties and territories : for the 
law cannot be put in execution where the king's writs cannot 
run, but where there is a county and a sheriff, or other mem- 
ber of the law, to serve and return the king's writs." 

It was further urged that if a conqueror receives any of the 
native inhabitants into his protection, and avoweth them for 
his subjects, and permitteth them to continue their possessions 
and remain at peace and allegiance, their heirs shall be ad- 
judged in by good title without grant or confirmation of the 
conqueror. The example of the Norman conqueror and that 
of Wales were instanced as proving the legality of pre-existing 
customs and rights, and it was urged that James I., by 
special proclamation in the third year of his reign, declared 
and published that he received all the natives of Ireland 
into his royal protection, by which it was clearly resolved 
that the common law of England was thereby established 
universally in the kingdom of Ireland. The common law of 
England, however, recognises existing customs, and, should 
have legalized tanistry. 

English Sovereigns and statesmen appear to have felt that 
the Irish chieftains who had never held their lands from the 
Crown, owed it no fealty. Many descendants of English 
settlers intermarried into Irish families, and adopted the 
Tanistry system. An effort to substitute holdings under the 
Crown for the Irish system was made by the xii. Elizabeth, 
cap. 5 ; it enables " the pretended lords, gentlemen, and free- 
holders of the Irishry and degenerated men of English name, 


holding their land by Irish custom, to surrender their lands to 
the Queen, and of taking estates by letters patent, which shall 
be good and effectual in the law, against all persons except 
those who have estate, title, or right to the said lands by the 
due course of the common law." 

In 1604 Sir Arthur Chichester was appointed deputy, and, 
says Lascelles, 

"A Commission of GRACE was issued under the great seal of 
England, empowering the chief governor to accept surrenders of 
those Irish lords who held of old on precarious tenure. Many 
embraced this opportunity of converting their tenure for life into one 
of fee, which should descend to their children. Others dreaded the 
legal consequences of their late treason, and were impatient to 
receive their possessions by a new investiture. So that this commis- 
sion instantly produced a general surrender of lands. No chieftaincies 
were now granted by letters patent ; no officers of justice to be 
stationed, or to exercise an Irish seigniory. The lord by his new 
patent was to be invested only with the lands found to be in his 
immediate possession as a domain. His followers were to be con- 
firmed by the king in their subordinate tenures on condition only of 
paying the lord the stated rent, in place of all uncertain Irish exac- 
tions. Building, planting, cultivation, and civilization were to follow 
in the train of these regulations. The trading towns, were induced to 
follow the example of the lords ; they surrendered their old and 
accepted new charters with such regulations and privileges as tended 
to keep them in subjection to the Crown." 

"King James I.," says Plowden, pp. 100, 101, "in order more 
effectually to secure the full dominion both of the Irish and their 
property, published a proclamation, which is usually called the Com- 
mission of Grace, for securing the subjects of Ireland against all claims 
of the Crown. The chief governor was thereby empowered to accept 
the surrender of those Irish lords who still held their estates or pos- 
sessions by the old tenure of tanistry or gavelkind, and to regrant 
them in fee simple according to the English law, thus converting 
the estates for life of the chieftains into estates in fee simple. For 
this there were two obvious reasons of State policy : the first was that 
in case of forfeiture the whole would become vested in the Crown by 
the attainder of the forfeiting person ; whereas if by the old tenure 
of tanistry they remained tenants for life, the estates could only in 


such cases be forfeited to the Crown for the life of the forfeiting 
person, and would be saved to all remainder men, which by the old 
Brehon tenure were in fact the whole sept. The second reason was, 
that by vesting the fee simple in the chief, which by the course of 
English law made it descendable to his eldest son or heir-at-law, it 
excluded the sept from the reversionary distributive rights of gavel- 
kind upon the death of the tenant for life, and thus detached the 
septs from that common bond of interest and union with their chief 
which gave them firmness, consistency, and consequence, and neces- 
sarily threw them thus disjointed more immediately under the power 
of the sovereign, by leaving only one freeholder or tenant to the 
Crown in each sept. The new grants to the lords were limited to the 
lands in their actual possession, and those lands which any of his 
followers held on very precarious Irish tenures of the chief were con- 
firmed to the mesne tenant, also in fee, upon paying to the lord a 
certain rent, equivalent to the lord's beneficial interest in the services 
or tenure of his tenant. Thus was the whole landed interest of 
Ireland new modelled, and the example of these new patentees of 
the Crown was followed by many trading towns and corporations 
throughout the kingdom : they surrendered their old and accepted 
new charters from the Crown." 

Travelling was difficult in those days, and there was too 
little disposition to preserve the rights of the inferior holders 
or ter-tenants. The chieftain went through the ceremony of 
surrendering the estate of the clan' or sept, yet he was only 
joint owner with others, and got a new title to the whole 
estate. He would not immediately proceed to enforce his 
new seigniorial rights, and the occupants, finding no change in 
their treatment, regarded the patent as a confirmation of 
their existing rights, which entitled them to the possession of 
the land subject to the payment of tribute. Hence arose 
the claim for tenant right, which is a continuing assertion of 
the ancient right of the occupiers. The existence of patents 
gave the Crown increased rights of forfeiture, and we shall 
presently see how they were exercised, and in the change of 
superiors the rights of inferiors were further disregarded, and 
those who were the real owners of the land were reduced to 
tenancy or serfdom. 


Any proprietary claims by the inferior members of the 
sept were, however, rudely set aside, not by legislation, but 
by a resolution of the judges, in regard to which, Professor 
Sullivan, in the introduction to O' Curry's Lectures, says : 

" In Ireland all the Irish customs were set aside by a judgment 
given in the year 1605, which more than any other measure, not 
excepting the repeated confiscations, injured the country, and gave 
rise to most of the present evils of the Irish land system." 

These resolutions are reported by Sir John Davis, and as 
they are very important I give them in extensis ; but I 
cannot find that the case was argued before the court, or that 
there was either plaintiff or defendant. 

Hill, iii. Jacobi, reported by Sir John Davis, 

" The resolution _of the judges touching the Irish custom of gavel- 

" First be it known that the lands possessed by the meet Irish 
within this realm were divided into several territories and countries, 
and the inhabitants of every Irish county were divided into several 
septs or lineages. 

" Secondly, in every Irish territory there was a lord or chieftain, 
and a tanist who was his successor apparent. And of every Irish 
sept or lineage there was also a chief who was called a canfinny, or 
caput cognationis. 

" Thirdly, all the possessions within these Irish territories (before 
the common law of England was established in this realm as it now 
is) ran always either in course of tanistry or in course of gavelkind. 
Every seigniory or chiefry, with the portion of land which passed with 
it, went without partition to the tanist, who always came in by election 
or strong hand, and not by descent ; but all the inferior tenancies 
were partible between males in gavelkind. Yet the estate which the 
lord had in his chiefry, or which the inferior tenants had in gavelkind, 
was not an estate of inheritance, but a temporary or transitory 
possession. For, as the next heir of the lord or chieftain was not to 
inherit the chiefry, but the oldest and worthiest of the sept (as is 
shown in the case of tanistry\ who was often removed and expelled 
by another who was more active and strong than he, so the lands of 
the nature of gavelkind were not partible among the next heirs male 


of him who died seised, but among all the males of his sep t, inthis 
manner : The canfinny, or chief of a sept (who was commonly the 
most ancient of the sept), made all partitioners at discretion ; and 
after the death of any ter-tenant, who had a competent portion of 
land, assembled all the sept, and, having thrown all their possessions 
into hotchpot, made a new partition of all ; in which partition he 
did not assign to the son of him who had died the portion which his 
father had, but he allotted to each of the sept, according to his 
seniority, the better or greater portion. These portions or purpar- 
ties, being so allotted and assigned, were possessed and enjoyed 
accordingly, until a new partition was made, which, at the discretion 
or will of the canfinny, was to be made on the death of each inferior 
tenant, and so, by reason of these frequent transmissions and re- 
movals, or translations of the tenants from one portion to another, 
all the possessions were uncertain; and the uncertainty of the 
possessions was the very cause that no civil habitations were erected, 
no enclosure or improvement was made of the land in the Irish 
countries where the custom of gavelkind was in use, especially in 
Ulster, which seemed to be all one wilderness before the new plan- 
tation made by the English undertakers there ; and this was the 
fruit of this Irish gavelkind." 

" Also by this Irish custom of gavelkind, bastards had their 
portions with the legitimate, and wives were utterly excluded of 
dower, and daughters were not inheritable, although their father had 
died without issue male. So that this custom differed from the 
custom of gavelkind in Kent, in four points." 

" For, i, by the custom of Kent the land of the nature and tenure 
of gavelkind is partible among the "next heirs, males only ; and such 
co-parceners, after partition, have a certain estate of inheritance in 
all their portions." 

" 2. The bastards are not admitted to inherit equally with the 
legitimate sons." 

" 3. The wife of every tenant in gavelkind is endowable of a 

" 4. In default of males, the heirs female inherit, and therefore 
the custom of gavelkind used in Kent hath been always allowed 
and approved of as good and lawful custom by the law of England." 

" But this Irish custom of gavelkind was agreeable in several of 
these points to the custom of gavelkind which was in use in North 


Wales, which custom was reproved and reformed by the stat. of 
Rutland, made 12 Ed. I. See the stat. of 34 H. VIII., c. 28, where 
the custom of gavelkind in Wales is utterly abolished, and divers 
other usages resembling other customs of the Irish." 

" For these reasons, and because all the said Irish counties and 
the inhabitants of them from henceforward were to be governed by 
the rules of the common law of England, it was resolved and 
declared by all the judges, that the said Irish custom of gavelkind, 
was void in law, not only for the inconvenience and the unreason- 
ableness of it, but because it was a mere personal custom, and could 
not alter the descent of inheritance." 

" And therefore all the lands in these Irish counties were now 
adjudged to descend according to the course of common law, and that 
the wives should be endowed, and the daughters should he inherit- 
able to these lands, notwithstanding this Irish custom or usage." 

" And where the wives of Irish lords or chieftains claim to have 
sole property in a certain portion of goods during the coverture, with 
power to dispose of such goods without the assent of their husbands, 
it was resolved and declared by all the judges that the property of 
such goods should be adjudged to be in the husbands and not in the 
wives, as the common law is in such cases." 

This resolution of the judges, by the special order of the 
lord deputy, was registered amongst the Acts of Council ; but 
then this provision was added to it, " that, if any of the meer 
Irish had possessed and engaged any portion of land by this 
custom of Irish gavelkind, before the commencement of the 
reign of our lord the king who now is, he should not be 
disturbed in his possession, but should be continued and estab- 
lished in it. But that after the commencement of his Majesty's 
reign all such lands should be adjudged to descend to him 
by common law, and should be adjudged from henceforward 
possessed and enjoyed accordingly." 

This resolution or decision, fairly carried out, would have 
given each member of the sept the estate in fee of the land 
which he held at the commencement of the reign of James I., 
it would have remained in his family and become an estate 
of inheritance, thereby effecting in Ireland a change very 


similar to that which took place in France, Switzerland, "and 
Belgium, whereby the lands owned in common became 
possessions in severalty, and a class, most useful to the com- 
munity, who are now called peasant proprietors, was created, 
but this breaking up of the lands in Ireland did not suit the 
designs of the English adventurers, who wished to have them 
in large lots, that they might be forfeited and re-granted. 
It is now almost impossible to trace the means by which the 
decision of the Irish judges was defeated, but it is apparent 
that it gave every one of the ter-tenants an estate in fee 
of the lands in his possession. 

It must be borne in mind that America, Australia, and 
India did not then offer fields for the settlement of English 
adventurers, while Ireland was looked upon as the almost 
only place for their migration. The existence of a large 
number of small estates would not have suited the views of 
these adventurers, who desired large possessions, and found 
them more accessible when in few hands. 

In 1604 Sir John Davis wrote to Cecil about the state of 
the Church, and we may judge from it of the anarchy of 
other holdings : 

" There are ten archbishops, and under them are, or should be, 
twenty bishops at least. The Churchmen for the most part 
throughout the kingdom are mere idols and ciphers, and such 
as cannot read, if they should stand in need of the benefit 
of their clergy; and yet most of those whereof many be 
serving men and some horse boys are not without two or 
three benefices apiece, for the Court of Faculties doth qualify all 
manner of persons, and dispense with all manner of non-residence 
and pluralities. For an example of pluralities the Archbishop of 
Cashel is worthy to be remembered, having now in his hands four 
bishoprics, Cashel, Waterford, Lismore, and Emly, and threescore 
and seventeen spiritual livings besides. Should corrupt his lordship 
too much if he should tell him how they disinherit these churches by 
long leases, there being no such laws here as in England to restrain 
them. But what is the effect of these abuses ? The churches are 
ruined and fallen down to the ground in all parts of the kingdom. 


There is no divine service, no christening of children, no receiving 
the sacrament, no Christian meeting or assembly ; no, not once in the 
year : in a word, no more demonstration of religion than amongst 
Tartars or cannibals." 

In another letter to the same statesman he says 

" If justice be well and soundly executed here but for two or three 
years the kingdom will grow rich and happy, and in good faith he 
thinks loyal, and will no more, like the lean cow in Pharaoh's dream, 
devour the fat of the happy realm of England." 

A case immediately affecting the question of tanistry was 
brought before the Court of King's Bench, in Hilary Term, 
in the 5th of James I. It is reported by Sir John Davis as 
follows : 

" In Ejectione Firmae, bet-.veen Murrough MacBryan, plaintiff, 
and Cahir O'Callaghan (ancestor of Lord Lismore), defendant, on 
general issue joined, the jury found a special verdict to this effect, 
viz., that the castle of Dromineen, where the entry and ejectment 
is supposed to be made, lie within a certain place or precinct of 
land called Publi-Callaghan, otherwise O'Callaghan's country, within 
the county of Cork, and time out of mind have been of the tenure 
and nature of tanistry; and that in all lands of the tenure and nature 
of tanistry within Publi-Callaghan aforesaid, such custom hath been 
used and approved time out of mind, viz., that when any person died 
seised of any castles, manors, land, or tenements of the nature and 
tenure aforesaid, then such castles, manors, lands, and tenements 
ought to descend, and have time out of mind used to descend, seniori 
et dignissimo vero sanguinis et cognominis of such person who so died 
seised ; and that the daughter or daughters of such person so dying 
seised, from time out of mind, were not inheritable of such lands or 
tenements or any part of them. 

"The jury further find that Donough MacTeige O'Callaghan, 
chief of his name, was seised of the seigniory or chieftainship of 
Publi-Callaghan, and of the lands aforesaid, according to the custom 
and course of tanistry; and being so seised had issue Conogher 
O'Callaghan; Conogher had issue Teige and Eleanor; Teige had 
issue Donough MacTeige the younger ; Eleanor was married to Arl 
O'Keeffe ; Conogher and Teige, his son, died in the life of Donough 


MacTeige the elder ; afterwards the said Donough MacTeige the 
elder by feoffment, according to the course of common law, executes 
an estate to Donough MacTeige the younger, and to the heirs male 
of his body, remainder to the right heirs of the feoffor. Donough 
MacTeige the elder died, and Donough MacTeige the younger died 
without issue male ; after whose death another Conogher O'Callaghan, 
being the oldest and most worthy of the blood and surname of 
O'Callaghan, entered into the land whereto and claimed to hold it 
as lord and chieftain of Publi-Callaghan, according to the course of 
tanistry, and was thereof seised proest lex postuliz, 

" And they further find that the said Conogher being so seised sur- 
rendered the said land and all his estate, right, title, and interest in 
it to Queen Elizabeth ; on which the said queen, in consideration 
of the said surrender, regranted the said land to the said Conogher 
and his heirs, who entered and enfeoifed one Fagan, who enfeoffed 
Bryan MacOwen, the lessor of the plaintiff. 

"And they lastly find that Arl O'Keeffe and Eleanor his wife 
died, and after their death Manus O'Keeffe entered and enfeoffed 
Cahir O'Callaghan, the defendant, who entered and ejected the lessee 
of Bryan MacOwen, and upon all this matter the jurors pray the 
advice of the court, &c. 

" Upon which one main question ariseth, viz., whether the title of 
the heir at common law, which the defendant hath, or the title of the 
tanist, which estate the lessor of the plaintiff hath, should be pre- 
ferred as this case is. And in the discussion of this question three 
principal points were moved and argued. 

" i st. Whether the said custom of tanistry was void or not in itself, 
or otherwise abolished by the introduction of the common law of 
England ? 

" 2nd. Admitting that it was a good custom, and not abolished by 
the common law, whether it be discontinued and destroyed by the 
feoffment, which created and limited an estate tail in the land, ac- 
cording to the course of the common law, so as that it shall not be 
reduced to the course of tanistry, when the estate tail is deter- 
mined ? 

" 3rd. Whether Conogher O'Callaghan, who entered as tanist 
after the estate tail determined, gained a better estate by his surrender 
to Queen Elizabeth and the re-grant made to him by letters patent ? ' 

The arguments in this case were very lengthened and 


curious. It depended in the King's Bench for the space of 
three or four years, and was argued several times, in the 
course of which the Justices resolved : 

"That as Donough MacTeague held as tanist, which was not 
an estate in common law, the re-grant by Queen Elizabeth in 
consideration of the surrender of such estate was void in law, and 
that Queen Elizabeth shall not be said to be in actual possession 
of the land by reason of the first conquest, as it did not appear 
by some reason that the conqueror had appropriated to him- 
self as a parcel of his proper estate, and Sir James Ley, chief 
justice, had laid down that if the conqueror receiveth any natives 
into his protection, and avoweth them to be his subjects, and 
permitteth them to continue their possessions and remain in his 
peace and allegiance, their heirs shall be adjudged in by good title 
without grant or confirmation by the conqueror, and shall enjoy their 
land according to the rules of law which the conqueror hath allowed 
or established : but afterwards, Sir Humphrey Winch being chief 
justice, the parties, with leave of the court, came to an agreement by 
which a reasonable division was made of this territory amongst them ; 
in which division the castle and land in question amongst others were 
allotted to Cahir O'Callaghan, the defendant; and now, besides 
their mutual assurance, they have obtained several grants from the 
king, by virtue of a commission for strengthening defective titles." 

The main fact of interest is the finding of the jury that 
the custom of tanistry had existed time out of mind in this 
district, and that all the lands had time out of mind descended 
seniori et dignissimo vero sanguinis et cognominis of the 
person who had died so seised. It was, therefore, a custom 
at common law, and as such could only be altered or set 
aside by statute law. 

In 1612 James I. proceeded to the settlement of the 
O'Neil estate in Ulster, and we have three Acts of Parlia- 
ment of that year relating to the forfeiture in the north of 
Ireland ; but the most important incident of this reign 
occurred in the following year, when the flight of Tyrone, 
and the insurrection of Sir Cahir O'Dogherty, led to the 
confiscation of their land, amounting to 500,000 acres, in 


Donegal, Tyrone, Derry, Fermanagh, Cavan, and Armagh, 
and enabled James to try his plan of a plantation. Three 
classes of settlers were encouraged, undertakers, servitors, 
and the old inhabitants. The first class was confined solely to 
the British and Scotch ; the second were permitted to take their 
tenants from Ireland or Britain, provided they were not recu- 
sant, and the third were permitted to retain their old reli- 
gion, and to take the oath of supremacy. The undertakers 
were entrusted with the places of most strength, the servitors 
the stations of most danger, and the third class the open country. 
The properties were to consist of three classes : ist, 2,000 acres ; 
2nd, 1,500 acres ; and 3rd, 1,000 acres ; one-half the escheated 
lands were to consist of the smallest class, and the other 
half divided between the two larger classes. Their estates 
were limited to them and to their heirs. The undertakers 
got 2,000 acres, which they held of the king in capite; the 
servitors 1,500 acres, which they held by knight's service, and 
the third 1,000 acres, which were held in common socage ; 
all were to reside upon the lands and build upon them. The 
undertakers were to keep in their own hands a demesne of 
600 acres ; to have four fee farmers of 1 20 acres each, six 
leaseholders of 100 acres each, and on the rest eight families 
of husbandmen, artificers, and cottagers, and the others lay 
under like obligations proportionately. No lease was to be 
less than twenty-one years or three lives. In order to assist 
the scheme James I. created 200 baronets, who each paid a 
sum sufficient to maintain thirty men in Ulster for three years 
at 8d. per day. Such was the general scheme of this planta- 
tion. It was found difficult to obtain British tenants. Build- 
ings were slowly erected, the lands were let to the old natives, 
who offered higher rents, and the conditions of residence were 
not complied with ; and Sir John Davis, who was attorney- 
general in this reign, thus speaks of the English system of 
government : 

" They persuaded the King of England that it was unfit to com- 
municate the laws of England to the Irish, that it was the best policy 
to hold them as aliens and enemies, and to prosecute them with con- 


tinual war. Hereby they obtained another royal prerogative and 
power, which was to make war and peace at their own pleasure, in 
every part of the kingdom, which gave them an absolute command 
over the bodies, lands, and goods of the English subjects here." 

One of the objects which James I. had in view in the 
settlement of Ulster, /. e., the formation of an independent 
yeomanry with perpetuity of tenure, was defeated by the con- 
duct of the patentees, and in 1615 a commission was sent 
over from England to inquire to what extent the articles 
which prohibited the undertakers from devising any portion 
of their lands at will, and enjoined them to make to their 
tenants certain estates for life, for years, in tail, or in fee 
simple, at fixed rents, had been observed. Sir Nicholas 
Pynmer, one of the commissioners, reported that in many 
cases the articles had been broken and no estates granted by 
the undertakers. This report was shortly after followed by 
an information, filed in the Star Chamber A.D. 1637, against 
the Irish Society and some of the London companies, the re- 
sult of which was a judgment of forfeiture against the com- 
panies because they had not complied with the plantation 
articles, but let their lands to the highest bidders, without 
conditions of improvement and without a fixed tenure or a 
certain rent. The companies, though disregarding the latter 
of the articles, were forced to treat their tenants according to 
their spirit, and it was held that, as the company could only 
grant an estate in perpetuity, the tenant had obtained such 
an estate, even though there was no deed to prove it, and 
hence arose the custom of " Ulster Tenant Right," which is a 
legitimate and legal deduction from the articles granted to 
the undertakers, who were properly regarded as having given 
their tenants that fixity of tenure which they were bound to 
give. Under this construction of the patents, land held with- 
out lease passed from tenant to tenant as if it were assigned 
by deed, and men acquired the title without lease which the 
original articles meant them to derive under deeds. 

The success of the Ulster plantations encouraged James to 
attempt the same elsewhere. Sixty-six thousand^ acres be- 


tween the rivers Arklow and the Slade, which were for ages 
possessed by the Irish septs, were found by inquisition to vest 
in the Crown ; and 385,000 acres in Leitrim, Longford, West- 
meath, and King's and Queen's Counties. It was found that 
some parts were possessed anciently by English settlers, who, 
in the disorders of the kingdom, had been expelled by the 
natives ; other land appeared to be forfeited by rebellion, and 
these lands, as the lands of absentees, vested in the Crown. 
Old titles were invalidated : jurors that would not find for the 
Crown were fined and punished. If the slightest informality 
were found in the letters patent the lands were seised by the 
king, who thought thereby to increase his income. In several 
grants reservations of rent had been made to the Crown, 
which for ages were not put in force ; all such rents were 
now demanded, or acquittances for the same, and when they 
were not produced the lands were forfeited. 

In order to exemplify the manner in which the property 
of Irish owners was dealt with in the time of James L, we 
make the following extract from Carte's Life of the Duke of 
Ormonde, vol. i., pp. 27, 28 : 

" One case in truth was very extraordinary, and contains in it such 
a scene of iniquity and cruelty that, considered in all its circum- 
stances, it is scarce to be paralleled in the history of any age or any 
country. Pheagh MacHugh Byrne, lord of the Byrne territory, now 
called Ranelagh, in the county Wicklow, being killed in arms towards 
the latter end of the reign of Queen Elizabeth, she by her letters to 
Loftus and Gardiner, then lords justices, directed letters patent to be 
made out for Phelim MacPheagh, his eldest son, to have to him and 
his heirs the county and lands of which his father Pheagh MacHugh 
died seised. 

" King James coming to the crown not long after, did in the 
beginning of his reign give like directions for passing the said inherit- 
ance to Phelim. This, Sir Richard Graham, an old officer of the 
army, endeavoured to obstruct, and in order thereto sent out a com- 
mission directed to Sir William Parsons and others to inquire into 
the said lands, and upon the inquisition it was found that they were the 
inheritance of Pheagh MacHugh Byrne, father to Phelim, and were 


then in Phelim MacPheagh's possession. King James, therefore, 
by a second letter directed that Ranelagh, and all the lands whereof 
Phelim MacPheagh and Brian his son were then seised should 
be passed to them and their heirs by letters patent, in consequence 
whereof another office was taken, in which the lands were 
found as in the former. The first office was not yet filed, Sir Richard 
Graham having opposed it, and by his interest and the credit of a 
general book which he produced, got possession of part of Phelim' s 
lands by virtue of a warrant from the Lord Deputy. Sir James Fitz- 
Piers Fitzgerald attempted likewise to get another part of them 
passed to him upon the like authority, but Bryan, the son in whose 
possession they were, complaining at the council-table, Sir James's 
patent was stayed." 

Carte describes the subsequent proceedings, but we must 
condense the facts. Bryan petitioned the king against Sir 
Richard Graham, and the case was remitted to the Council 
Board which examined the matter, and Sir Richard Graham 
was summoned to England. A commission of four gentlemen 
were then appointed to examine the matter, and Graham, 
finding that the final determination was likely to go against 
him, adopted the expedient of alleging that these lands 
belonged to the king, and that neither Byrne nor himself 
had any right. James, always glad to get estates into his 
possession from defective titles, issued a new commission to 
Sir William Parsons and others to inquire into the title, 
Bryan's patron, the Duke of Buckingham, had just gone to 
Spain, and another patron, the Duke of Richmond, died sud- 
denly, and his enemies, taking advantage of it, Sir William 
Parsons got the Lord Deputy's warrant to the Sheriff of 
Wicklow to put him out of the part Phelim enjoyed, and Sir 
William Parsons and Lord Esmond divided these lands 
between them. Bryan maintained his right to the lands, 
and he and his brother were arrested by the conspirators and 
imprisoned on I3th March, 1625, in Dublin Castle. Informa- 
tions were sent to two grand juries at Carlow, who did not 
find the bills, and they were prosecuted in the Star Chamber 
and fined. The two brothers were kept close prisoners until 


2Oth of August, when Turlogh was enlarged upon parole, and 
Bryan allowed the liberty of the house. He was set at 
liberty on Christmas Eve. As they continued their appeal 
for their lands, a new prosecution was set on foot, and on 
Nov. 2, 1627, they were sent to Dublin in irons and com- 
mitted to jail, and Phelim and his five sons were sent to trial 
at Wicklow. Sir James Fitz-Piers Fitzgerald, an enemy of 
theirs, and who had part of their estates, though having no 
property in Wicklow, was foreman. The Lord Chief Justice, 
upon sight of the evidence, expressed a doubt whether the 
jury would credit it, upon which Sir Henry Billing pressed 
him to sign the bill, and said he would undertake that the 
jury should find it. The jury were the friends or allies of 
Lord Esmond, Sir William Parsons and others, who had an 
interest in Byrne's estate, and the grand jury found the bill. 
The friends of the persecuted gentlemen petitioned the king, 
and a commission was sent over to inquire into the affair, 
which consisted of the Lord Primate, the Lord Chancellor, 
the Archbishop of Dublin, the Lord Chief Justice, and Sir 
Arthur Savage. It sat in November and December, 1628. 
When the foul conspiracy against the Byrnes was made 
apparent they were restored to their liberty, though not to 
their estate, a considerable part having, during their imprison- 
ment, passed to Sir William Parsons, under letters patent, 
dated the 4th of August, 4 Car. I. 

When James ascended the throne of England, Lord Bacon 
addressed him in the following language : " You have found 
what Ireland barbarous has proved ; beware of Ireland 
civilized." The policy he inaugurated was adapted to retard 
or prevent the civilization of Ireland. His deputies and repre- 
sentatives, greedy for the possessions of the people, lashed 
them into rebellion, and then seized upon their land because 
they resisted. They thus became possessed of the land of 
the oppressed. 

The example set by James and his deputy, Chichester, 
was followed in the reign of his unfortunate son, and by his 
able but unscrupulous ministers. Charles I. not having the 



means of paying his troops, and being anxious to increase 
their number, caused them to be quartered on several 
counties and towns in Ireland, the inhabitants of which were 
expected to supply them with clothes, provisions, and other 
necessaries for three months at each place in turn. Lord 
Falkland, the deputy, recommended a cheerful submission, 
and promised \ha\. graces should be granted by his Majesty as 
a compensation. The principal nobility and gentry assembled, 
and offered a contribution of 40,000 a year for three years, 
on certain terms, among which the subjects were secured in 
the possession of their lands by a limitation of the king's 
title to sixty antecedent years, and a renunciation of all claims 
of an earlier period. The inhabitants of Connaught were 
admitted to secure their titles from future litigation by a 
new enrolment of their patents, and a parliament was to be 
summoned for a confirmation of their several estates to all 
the proprietors and their heirs. 

Charles accepted the money, but he trifled with the latter 
condition ; Lord Falkland, who made the promise, was 
recalled, and Wentworth was appointed. Soon after his arrival 
in Ireland he determined to subvert the title of every estate 
in Connaught, which had been principally granted by the 
commission of defective titles in the previous reign. He 
ordered inquisitions as to title to take place in each county 
in that province, and attended these inquisitions, accompanied 
by a force sufficient to overawe the jurors. Those of Ros- 
common and Leitrim were so much intimidated that they 
found for the Crown ; those of Mayo and Sligo followed the 
example. The jurors of Galway were privately encouraged 
by Ulric de Burgo, Earl of Clanricarde, who was a favourite 
with Charles and resided at the English court, to resist the 
designs of the lord deputy, and at the inquisition in 1635 
they found the following curious verdict : " That the acqui- 
sition of Connaught by Henry II. was not a conquest, but a 
submission of the inhabitants ; and that the grant of Roderic 
was barely a composition, whereby the king had only 
dominion, and not the property in the land." The lord 


deputy was enraged at this decision, he fined the sheriff 
;i,ooo for summoning such jurors, and bound them to 
appear to answer for their offence in the Castle Chamber, 
Dublin, where each of them was fined ,4,000, and sentenced 
to imprisonment until the fine was paid. Some of them 
died in prison. A fresh inquisition was held, when the 
jurors were more submissive, and found for the Crown. 
Ulric de Burgo used his influence to procure the release of 
the obstinate jurors, and some of them were set at liberty. 

The lord deputy's scheme of plantation was abandoned, 
and the inhabitants were confirmed in their property. 

The litigation which ensued upon the schemes of Went- 
worth led to a remarkable trial, and subsequently to the 
publication of Sir Henry Spelman's treatise on feuds. 
The case affected the property of Lord Dilton, and in the 
preface to Spelman on feuds it is thus described : 

" The several manors and estates within the counties Roscommon, 
Sligo, Mayo, and Galway, in the kingdom of Ireland, being 
unsettled as to their titles, King James I., by commission dated 2nd 
March, in the fourth year of his reign, did authorize certain com- 
missioners by letters patent to make grants of the said lands and 
manors to their respective owners, whereupon several letters patent 
to that effect passed under his Majesty's Great Seal by virtue of 
the said commission for the strengthening of titles that might 
otherwise seem defective. And afterwards, in the reign of King 
Charles I., upon an inquiry into his Majesty's title to the county of 
Mayo, there was an Act of State published commanding all those 
who held any land by letters patent from the Crown to produce 
them for enrolment thereof before the Lord Deputy and Council by 
a certain day, to the end that they might be secured in the quiet 
possession of their estates, in case the said letters were allowed by 
that board to be good and effectual in law. 

" In pursuance of this order, several letters patent were produced, 
and particularly the Lord Viscount Dillon's, which, upon the perusal 
a nd consideration thereof by his Majesty's Council, were thought to 
be void in law, and therefore it was ordered by the Lord Deputy and 
Council that the doubt arising upon the letters patent should be 
drawn into a case, and that case should be openly argued in the 


Council Board. The case was drawn up in these words : ' King 
James, by commission under the Great Seal, dated the 2nd day 
of March, in the fourth year of his reign, did authorize certain 
commissioners to grant the manor of Dale, by letters patent under 
the Great Seal of this kingdom, to A. and his heirs, and there is no 
duration given in the said commission touching the tenure to be 
reserved. There are letters patent by colour of the said commis- 
sion passed unto A. and his heirs to hold by knight's service as of 
his Majesty's castle in Dublin. It was asked whether the deficiency 
of the tenure did so far affect the grant as wholly to destroy the 
letters patent, or whether the letters patent might be good as to the 
land, and void only as to the tenure ? The question was argued 
several days in the year 1637, and the court had to inquire what the 
reservation of tenure is to the grant ? whether it be a part of the 
grant and the modus concessionis, or whether it be a distinct thing 
and aliud from the grant? For,' it was said, 'if the reserva- 
tion of the tenure and the grant of the land be aliud and aliened, 
two distinct things in the consideration of the whole grant made, 
and the authority given by the commission for the making thereof, 
then the patent may be void as to tenure, and yet good for the grant 
of the land. But if the reservation of the tenure be incident unto 
the authority and included within it, and the reservation of the 
tenure and the grant of the land make up but one entire grant, so 
that the one is part of the other, and the reservation of the tenure 
be modus concessionis, then the granting of the land reserving a 
diverse or contrary tenure to that which their (nude) authority did 
warrant them to reserve in doing of idem alio modo, and so the whole 
act is void." 

Those who pleaded for the validity of the letters patent as 
to the lands, and their being void only as to tenure, urged 
among other arguments that tenure in capite was brought into 
England by the Conquest, but grants were by common law, 
and therefore grants being more ancient than tenure, the 
tenure must of necessity be aliud from the thing granted. 

This led the court to a consideration of the question as to 
Saxon tenures : 

" It was argued that those called Thanis Majores or Thanis Regis 
were the king's immediate tenants of lands which they held by 


personal service, as of the king's person by grand seigniority or 
knight's service in capite. The land so held was, it was said, in those 
times called Thaneland, as land holden in locage was called Reve- 
land so frequently in the Doomsday Book. After the Norman con- 
quest the title of Thane and Thaneland gave place to Baron and 
Barony ', and the possessions of the abbots and bishops, which under 
the Saxons were free from all secular services, were made subject to 
knight's service in capite, but these possessions were converted into 
baronies, while thanelands were held by that tenure as before. The 
king's thane was a tenant in capite, and the middle thane a tenant 
by knight's service. It was contended also that reliefs for earls and 
thanes were in existence and proved by the laws of Edward the 
Confessor; that wardships were also in use both in England and 
Scotland before the Norman conquest. The judges, therefore, after 
full argument, held that feudal tenures existed in England before the 
Norman conquest." 

This contradicted the assertions made by Sir Henry 
Spelman in his Glossary, wherein he described feuds as 
having come into use with the Conquest. It led him into 
a fuller examination of the question, and to his writing his 
celebrated treatise upon Feuds. 

The question raised was, 

" Whether the said letters patent be void on the whole or only as to 
the tenure." 

The case was argued on several days, first by Nicholas 
Plunket for Lord Dillon, and Serjeant Catlor for the king, and 
because it was a case of great weight and importance it was 
delivered unto the judges, and they were required by the 
Lord Deputy and Council to consider it, and to return their 
resolution touching it ; but they not agreeing in opinion, it 
was thought necessary for public satisfaction that it should 
be argued solemnly by them all ; and consequently, in Trinity 
Term, the case was argued before the judges, who held by 
a majority vtfive to two, 

"i. That the commissioners by the commission (the Commis- 
sion of Grace) have a good and legal and sufficient power and 
authority to grant. 


" 2. That all letters patent made upon this commission in which 
they have pursued their authority are good and effectual in law 
where they have either reserved an express tenure by knight's 
service in capite, or no tenure, for then the law implies a tenure in 

" 3. But where the commissioners reserve a mean tenure the whole 
patent is void." 

They give seven grounds for this decision, being principally 
that they have exceeded their authority. For these reasons 
they did resolve 

" That this express reservation (knight's service) of a mean tenure 
tends to the destruction of the whole patent, and makes it void in 
law, both as to the lands and to the tenure." 

The council board on the I3th July, 1637, issued a pro- 
clamation declaring the said letters patent to be wholly 
void in law, and disallowing all such letters patent for any 
lands, tenements, or hereditaments in any of the counties 
Roscommon, Sligo, Galway, or the county of the town of 

These proceedings naturally created wide-spread disaffec- 
tion. A parliament was convened in 1634, but great care was 
taken in the nomination of the sheriffs, and in the procuring 
of the return of Government candidates. Wentworth then 
succeeded in voting the supplies, but he prevented the 
passing of the graces, and he further succeeded in inducing 
them to assure the king that he was not bound, either in 
justice, honour, or conscience, to perform the solemn promise 
he had made. His theory was that the king's Irish subjects 
had forfeited the rights of men and citizens. An ancient State 
paper, which describes the heads of the causes which moved 
the Irish to take arms in 1641, says, " Many of the natives were 
expelled out of their possessions, and as many hanged by 
martial law without any cause and against the law of the realm, 
and many destroyed and made away by sinister means and 

The parliament from which so much was expected was 


prorogued without passing the bills, and the hopes of the 
king's Irish subjects were extinguished. Their earnest 
respectful remonstrances had been continuously spurned, and 
they were driven to desperation. " Half the realm was found 
to belong to his Majesty, as his ancient demesnes and inherit- 
ance, upon old, feigned titles of 300 years past by juries 
against law, their evidence, and conscience, who were corrupted 
to find the said titles, upon promise of part of the lands so 
found for the king or other rewards ; or else drawn thereto by 
threats of the judges in the circuit, or heavy fines, mulcts, and 
censures of pillory, sty-marking, and other cruel and unusual 

The banner of revolt was hoisted : the people of Ulster, 
driven from their homes to starve in woods and forests, swept 
like a torrent over the plains which belonged to them, and in 
one week O'Neil was at the head of 30,000 men. The lords 
and gentlemen of the Pale, who were mostly of English descent, 
repaired in great numbers to Dublin, and applied to the 
Government for arms and authority to array themselves on the 
side of the Crown, but their application was insultingly refused, 
and they were ordered by proclamation bearing date October 
28, 1641, to leave Dublin within twenty-four hours. They 
were forced into revolt. The Lords Justices Dorlase and 
Parsons justified their conduct by declaring, " The more rebels, 
the more confiscation." Extensive forfeitures were the principal 
object of the chief governors and their friends. "Whatever 
were their professions, the only danger they really apprehended 
was that of a speedy suppression of the rebels." Troops arrived 
from England and Scotland. The English Parliament, with the 
reluctant consent of the king, passed an Act (the Act of Sub- 
scription of Charles I.) reserving 2,500,000 acres of arable 
meadow and pasture land in Ireland, out of 10,000,000 assumed 
to have been already forfeited by the insurgents as security for 
money advanced in England for the expenses of the war. 
The orders of the lords in council to the army were " to wound, 
kill, slay, and destroy all the rebels and their adherents and 
relievers, and burn, spoil, waste, consume, and destroy, and 


demolish all places, towns, and houses where the rebels were 
or have been relieved or harboured, and all the corn and hay 
there, and to kill and destroy all the men there inhabiting 
able to bear arms." In the execution of these orders the 
Lords Justices declare that the soldiers murdered all persons 
promiscuously, not sparing the women, and sometimes not the 

The downfall of Stafford led to the appointment of a com- 
mittee of the Irish Lords and Commons, who demanded the 
graces as a settlement of the land question. The delay of 
Charles in acceding to their wishes alienated them from the 
monarch, and the committee entered into correspondence with 
the leaders of the disaffected portion of the English Parlia- 
ment. The Marquis of Ormonde was appointed Lord Deputy, 
and became leader of the Irish royalists, who adhered to the 
cause of Charles with greater fidelity than could have been 
expected from their previous ill-treatment. Yet the mass of 
the Irish people who had been deprived of their possessions 
by the displacement of the tanistry system of landholding 
were disaffected to the royal cause. A large section of them, 
guided by the advice of the papal nuncio, refused a hearty co- 
operation, and this naturally embarrassed the king's forces. 
Ormonde held most of the fortified places in Ireland ; Dublin, 
Derry,and Belfast were the only strongholds of the Parliament. 
The success of Ormonde induced the Parliament to appoint 
Cromwell Lord Deputy, and he was accompanied to Ireland 
by a considerable army. He completely broke the power of 
the royalists. The sack of Drogheda was a fearful exhibition 
of his power ; he showed no mercy. Other fortresses were 
captured, the garrisons were put to the sword, and whole cities 
were left unpeopled. 

Cromwell's success was followed by the expatriation of 
30,000 to 40,000 able-bodied men, who might have been very 
troublesome had they remained at home. They entered the 
service of foreign states, and formed the celebrated Irish 
Brigade, which was recruited by a further expatriation in the 
reign of William III. The gallant conduct of the Irish 


at the battle of Dettingen led George III. to exclaim, 
"Accursed be the laws which have deprived me of such 
subjects!" Cromwell forced the families of those who had 
entered foreign service on board ship, and carried them to 
the West Indies. The numbers are variously estimated at 
from 6,000 to 100,000. Four Parliamentary Commissioners 
were named to govern Ireland. Their courts were called 
" Cromwell's slaughterhouses.'' The cry was for blood, and 
they came as sheep to the slaughter. The next act was to 
banish all " the Irish" into Connaught and Clare. The object 
was to leave the other three provinces to English and Scotch 
settlers. The design being to obtain the land by the first 
Act of Settlement, the forfeiture of two-thirds of their estates 
had been pronounced against those who had borne arms 
against the Parliament of England or their forces, and one- 
third against those who had resided in Ireland any time from 
Oct i, 1649, to Nov. i, 1650, and had not been in the actual 
service of Parliament, or supported its interests. By the 
second Act of Settlement it was provided that all persons 
claiming under the former qualification should get not a 
portion of their land, but an equal area at the west of the 
Shannon in Connaught or Clare. 

These vast appropriations enabled that ambitious soldier to 
disband an army of which he was afraid ; to remove from 
England the extreme Puritans, who might have been unruly, 
and to divert their attention from his policy to that of those 
whom they displaced. The land so seized upon provided a fund 
from which he was able to discharge their arrears of pay 
without raising taxes, which might prove obnoxious. The 
animosity which first showed itself against the queen of 
Charles I. found ample vent in Ireland against her co- 
religionists. Cromwell issued in 1652 debentures in the 
following form : 

" All lawful deductions made, there remaineth due from the Com- 
monwealth to , his executors, administrators, and assigns, 
until the date hereof, the sum of , which sum is to be 
satisfied out of the rebels' lands, houses, tenements, and heredita- 


ments in Ireland, in the disposal of the Commonwealth of Eng- 
" Dated the day of 165." 

These debentures bear upon their face a falsehood ; the 
Irish were not rebels against the English Parliament. They 
had not forfeited their lands by rebellion, inasmuch as they 
owed it no allegiance. To carry out the iniquitous designs 
of the regicides, it was necessary that they should get rid 
of their own army. They lacked the means of payment, 
and provided it out of the lands of the Irish. Courts were 
established in Dublin and Athlone for the determining of 
claims which should be made ; a limited time only was 
allowed. Four Commissioners of Parliament were sent over, 
Edmund Ludlow, Miles Corbet, John Jones, and John Weaver. 
The Irish were driven across the Shannon, and confined within 
its limits by a chain of garrisons. The adventurers accepted as a 
full satisfaction the moiety of the forfeited lands in nine principal 
counties. A revenue was reserved for disabled soldiers, and 
for the widows and orphans of those who had fallen in the 
parliamentary service (except a part of the lands of bishops, 
and of deans and chapters, granted to the University of 
Dublin); these, with the forfeited lands in the counties of 
Dublin, Kildare, Carlow, and Cork, remained unappropriated, 
and were reserved by Parliament for future disposal. In 
1653 the debentures were sold freely and openly for 43. 
and 5s. per pound; and 2OS. of debentures, one place with 
another, did purchase two acres of land, at which rate all the 
land of Ireland, estimated at 8,000,000 of profitable acres, 
might have been had for 1,000,000, which in 1641 had been 
worth above 8,000,000. 

Dr. (afterwards Sir William) Petty arrived in Waterford in 
1652 as physician to the army in Ireland. On the nth of 
December, 1654, he obtained a contract from the Government 
for admeasuring the forfeited lands intended for Cromwell's 
soldiers at the rate of 7 33. 4d. per 1,000 acres. By this 
contract he gained 9,000, and he afterwards got 900 more 
for a survey of the adventurers' lands. Through these means 


and his private savings he realized about ;i 3,000, with which 
sum he bought up soldiers' debentures, and acquired large 
portions of forfeited lands intended for them. When subse- 
quently accused of having obtained his vast estates through 
undue influences, he defended himself by explaining, as he 
afterwards stated in his will, that he had "raised about 
.13,000 in ready money at a time when, without art, interest, 
or authority, men bought as much land for los. in real money 
as in this year, 1685, yields los. per annum above quit 

To such an extent was the removal of the people of some 
districts carried, that Sir William Petty states, 

" The people of Tipperary have more universally obeyed the 
order of transportation than other counties generally had done; that 
county became so uninhabited and waste that it was impossible to 
find means to do the work tolerably well." 

An order which was made in the Privy Council during the 
Protectorate proves the extent of the depopulation. It runs 
thus : 

" Whereas Mr. Henry Pain, late one of the Commissioners of 
Revenue at Clonmel, hath informed us that the transplantation hath 
been so effectually carried on in the county of Tipperary, and 
especially in the barony of Eliogarty, that no inhabitant of the Irish 
nation that knows the country is left in the barony, which may be a 
great prejudice to the Commonwealth, for want of information of the 
bounds of the respective territories and the lands therein upon 
admeasurement ; it is therefore ordered that it be referred to the 
Commissioners of Loughrea to consider if four fit and knowing 
persons of the Irish nation, lately removed out of the barony into 
Connaught, and to return them with their families to reside in or near 
their old habitations, for the due information of the surveyors 
appointed of the respective bounds of each parcel of land admeasur- 
able, and to continue there until further order. 

" Dublin, 20 December, 1654. 


" Clerk of the Council." 

An almost complete transplantation of the people of Tip- 


perary into Connaught took place. The new settlers were 
not secure as to their title, and many of them obtained forced 
conveyances and re-leases from the former proprietors. 
Clarendon, in his life, says, 

" What should they do ? iThey could not be permitted to go out 
of this precinct to shift for themselves elsewhere ; and without their 
assignment in Connaught they must starve there as many did die 
every day of the famine. In this deplorable condition and under this 
consternation they found themselves obliged to accept or submit to 
the hardest conditions, and so signed such conveyances and re-leases 
as were prepared for them." 

The war of extermination was carried to such a fearful ex- 
tent that it was made lawful for any of the English settlers to 
kill any Irish person, man, woman, or child, that was found 
east of the Shannon, and the common expression of these 
murderers towards their victims was, " To hell or Connaught 
with you ! " Humanity recoils and shudders at the fearful 
atrocities which were committed, and history has no blacker 
page than that which records the sufferings inflicted upon Ire- 
land during the Protectorate. 

Under these circumstances the population of Ireland very 
seriously diminished. Sir William Petty estimated the loss of 
population between 1641 and 1682 at 504,000, and Clarendon 
tells us, 

" That there was a large tract of land even to the half of the pro- 
vince of Connaught that was separated from the rest of Ireland by a 
long and large moor, and which by plague and many massacres remained 
almost desolate ; into this space and circuit of land they required the 
Irish to retire by such a day, under the penalty of death, and all who 
should after that time be found in any part of the kingdom, man, 
woman, or child, should be killed by anybody who saw or met 

Sir William Petty, in 1672, estimated the population of 
Ireland at about a million one hundred thousand persons. 
Colonel Lawrence, an eye-witness, writes : 

"About the year 1652-1653, the plague and famine had so 


swept away whole countries that a man might travel twenty or 
thirty miles without seeing a living creature, either man, beast, or 
bird, they being all dead or having quitted the desolate places. Our 
soldiers would tell stories of where they saw a smoke by day or fire 
or candle by night, and when we did meet with two or three poor 
cabins, none but very aged men, women, and children (and those 
with the prophet might have complained, 'We are become as a 
bottle in the smoke, our skin is black as an oven because of the 
terrible famine') were found in them." 

The restoration of Charles II. was seized upon by his sup- 
porters as the signal for resuming their estates ; those who 
had been deprived of their lands returned and repossessed 
themselves of their patrimonies by force even before the king 
was proclaimed. This rashness was represented as a new re- 
bellion, and the Cromwellian settlers, alarmed for their posses- 
sions, procured an Act of indemnity before the king landed, 
which excluded all those who thus tried to regain their lands. 
It was so worded as to amount to the exclusion of the whole 
of the Roman Catholic party. On the king's arrival in 
London he issued a proclamation commanding the continuance 
of undisturbed possession to adventurers and soldiers of all 
manors, houses, and lands as they then held until legally 
invested, or his Majesty, with the advice of Parliament, should 
take further measures in these affairs. At length, after much 
delay, on a calculation formed by the Earl of Orrery, Sir John 
Clotworthy, and Sir Arthur Mervyn, it was found that, besides 
the land possessed by the soldiers, enough remained to com- 
pensate all the innocent or meritorious Irish, and Charles pub- 
lished his famous declaration for the settlement of the king- 

By this declaration the adventurers were to be confirmed in 
the lands possessed by them on the 7th May, 1659, according 
to the Acts made in the previous reign, which they were to 
hold in fee and common socage, and all deficiencies were to 
be satisfied before May, 1660. With the exception of eccle- 
siastical lands and some other provisoes, the soldiers were 
confirmed in the lands allotted for their pay, which they were 


to hold by knights' service in capite ; officers who had served 
before June, 1649, were to receive I2s. 6d. in the pound by 
estates and other securities. Protestants, unless they had 
been in rebellion or had taken decrees for land in Connaught 
or Clare, were to be restored to their lands. Innocent Catho- 
lics were restored to their estates, and Catholics who submitted 
and adhered to the peace of 1648 were to be restored to their 
ancient properties upon the reprisal of those who held them. 
This declaration of settlement gave little satisfaction to any 
party. The Royalist officers received but little more than 
half their pay, and the ancient landholders, who had suffered 
for the royal cause and were in a state of poverty, were ex- 
cluded from their estates until they could repay those who 
had been quartered upon them by Cromwell. The commis- 
sioners appointed to carry the declaration of settlement into 
effect were partial to the soldiers and adventurers, and threw 
much difficulty in the way of the Catholic proprietors, who 
tried to establish their innocence. The Parliament which was 
convened in 1661 to confirm the Act of Settlement was mainly 
elected by those in illegal possession of the estates. It tried 
by statute to exclude the Catholics, many of whom claimed 
the property from Parliament. An inquiry was instituted by 
the House of Lords, which revealed many malpractices by 
the commissioners. Widows were deprived of their jointures, 
orders of the king for the restitution of particular persons 
were eluded ; the Lords resolved to address the king to 
revoke the illegal grants made by the commissioners, and a 
deputation waited on Charles in London claiming redress. 

The Irish Cromwellians accepted the restoration without 
much difficulty, but they kept a firm grasp on their lands. 
After a long struggle of controversy, bribery, and intrigue on 
the part of the claimants, and wavering and irresolution on 
the part of the Government, the Puritans carried the day and 
kept their lands. The Acts of Settlement and explanation 
which closed the question of proprietorship, having been 
called the great charter of this party, they decided the title 
to the lands ; yet, for many years after this time, a great part 


of the land of Ireland continued to be held by forcible and 
disputed possession. 

Petty's Political Anatomy of Ireland contains the following information 
relating to this period : 
Area of Ireland ..... 10,500,000 acres. 

Rivers, loughs, &c. . . . 1,500,000 

Unprofitable land . . . 1,500,000 

Arable and pasture . . . 7,500,000 

1641. Belonging to Papists and seques- 
tered Protestants . . . 5,200,000 
To the Church . . . 300,000 
Protestants planted by Elizabeth and 

James ..... 2,000,000 

Restored to twenty-six who proved of good 

affection .... 40,000 

The Duke of Ormonde . . . 130,000 

Lord Inchiqun, Lord Roscommon, &c. . 40,000 



Innocent Papists 
The Church 
Duke of York 


1 20,000 

To Letterers & Innocent Irishmen 60,000 
To Papists per proviso Colkin 360,000 


Left in the common stock . 
To adventurers 

Soldiers seised 

To forty-nine officers 

To Protestants per proviso 

Upon transplantation decrees 
Restored to mortgagees 







Of lands seised by usurpers the 

Papists have recovered . 2,340,000 
New Protestants and churches 

additional . . . 2,400,000 

Of a more indifferent nature 460,000 




7,500,000 acres good 
1,500,000 coarse 

9,000,000 acres, worth . 
Quit and Crown rents . . 


Benefit of leases and tenants' improvements 


He divides : 

The landlords' share of this . . . ,432,000 
2,520,000 acres gained by the Rebel- 
lion ..... 144,000 
Adventurers and soldiers . . 108,000 
Soldiers alone .... 86,400 


The King gained : 

Augmented the Church, the Duke of York and others 
Paid adventurers and officers .... 

Gained on usual revenue of above .... 

Or at fifteen years' purchase 1,200,000 gained, the year's 
value, &c., worth ...... 

Freed himself of the articles with the Irish of 1648. 

Population : Papists 

English . 


300,000 3 I ' 100 ' 000 



800,000 1,100,000 






Houses : 160,000 without chimneys 

24,000, i chimney, at 5 . 120,000 

6,800, 2 to 3 chimneys, at 40 272,000 

5,600, 4 6 100 560,000 

2,500, 7 9 300 750.000 

700, 10 12 600 420,000 

400, 13 20 1,000 400,000 

20 transcendental houses . 78,000 


Cattle, 6,000,000, or equivalents in horses and sheep 

Exports from Ireland . 

Absentees' rents, &c. ..... 

Cattle exports . 

The whole substance of Ireland was worth . 

The customs revenue exceeded 









The defeat of James II. and his flight from Ireland led to 
a reversal of his policy, but his troops, after a gallant contest 
with the veterans of William III., made terms with him. 
The Treaty of Limerick, which should have formed the basis of 
future legislation, contained a provision that the Irish should 
enjoy the same privilege in the exercise of religion as they 
had done in the reign of Charles II., and that they should be 
reinstated in their properties, real and personal, and in all 
their rights, titles, and privileges, on taking the oath of 
allegiance to King William. The Irish Parliament of 1695 
annulled the Act of James II., and confirmed and explained 
the Act of Settlement. Large forfeitures were made, and 
William, who, from the insufficiency of the parliamentary 
supplies, was unable to reward his dependants, adopted the 
Cromwellian plan, and made seventy-six grants out of the 
Irish forfeited estates. Eight of these grants were as 
follows : 

135,820 acres to Lord Woodstock (van Bentinck). 

108,633 Earl of Albemarle (van Keppel). 

95,649 Countess of Orkney (Miss Eliz. Villiers). 

49,517 Lord Romney (Sidney). 

39,871 Earl of Rochford (de Zuleistan). 

36,148 Earl of Gal way (de Ravigney). 

30,512 Marquis de Pursai. 

26,480 Earl of Athlone (de Ginkel). 


The Parliament were offended at this Act of Prerogative, 
and the English Commons charged the king with a Breach of 
promise in not having left the forfeitures to the disposal of 
Parliament for the discharge of the public debts. It passed 
an Act for sending seven commissioners to inquire into the 
value of the confiscated estates, and the reason of their 
alienation, and upon the report of these commissioners, "The 
Act of Resumption" (n & 12 Will. Ill, c. 2, Engl.) was 
passed, A.D. 1700; it avoided all royal grants of land made 
after the I3th February, 1788, and directed an absolute sale 



of all Irish estates which had belonged to James II. or his 
adherents. The English Commons were so aware of the 
violence of their act that they voted, contrary to constitutional 
rights, that no petition should be recorded against it. Yet 
petitions were sent in large numbers, and the trustees were 
charged with injustice and venality. The granted lands, 
which were valued at ;i, 500,000, hardly realized one-third of 
that sum. 

A more recent authority, who can hardly be accused of 
partiality to the Irish Lord Chancellor Fitzgibbon (Earl of 
Clare) in a speech made in 1799, said, 

" After the expulsion of James II. from the throne of England, the 
old inhabitants made a final effort for the recovery of their ancient 
power, in which they were once more defeated by an English army, 
and the slender relics of Irish possession became the subject of fresh 
confiscation. From the report made by the commissioners appointed 
by the Parliament of England in 1698, it appears that the Irish 
subjects outlawed for the rebellion of 1688 amounted to 3,978, and 
that their Irish possessions, as far as could be computed, were of the 
value of ^210,623, comprising 1,670,792 acres. This fund was sold, 
under the authority of an English Act of Parliament, to defray the 
expenses incurred by England in reducing the rebels of 1688, and the 
sale introduced into Ireland a new set of adventurers. It is a very 
curious and important speculation to look back to the forfeitures of 
Ireland incurred in the last century. The superficial contents of the 
island are calculated at 11,042,682 acres. Let us now examine the 
state of the forefeitures. 

In the reign of James I. the whole of the province 

of IJlster was confiscated, containing . 2,836,837 acres. 

Let out by the Court of Claims at the Restoration 7,800,000 

Forfeitures of 1688 .... 1,060,792 

Total . . . 11,697,629 

So that the whole of your island has been confiscated, with the 
exception of the estates of four or six families of English blood, some 
of whom had been attainted in the reign of Henry VIII., but 
recovered their possessions before Tyrone's rebellion, and had the 
good fortune to escape the pillage of the English republic inflicted 


by Cromwell ; and no inconsiderable portion of the island has been 
confiscated twice or perhaps thrice in the course of a century. The 
situation, therefore, of the Irish nation at the Revolution stands un- 
paralleled in the history of the inhabited world. If the wars of 
England carried on here from the reign of Elizabeth had been waged 
against a foreign enemy, the inhabitants would have retained their 
possessions under the established law of civilized nations, and their 
country have been annexed as a province to the British Empire." 

Some of the laws affecting land were most injurious ; that, 
for example, which enacted that no Papist should have a 
horse of greater value than 5, so deteriorated the breed of 
horses that an enactment, 8 Anne, c. in., s. 34, was passed as 
follows : 

" And whereas by the laws of this land Papists are not qualified to 
keep any horse, mare, or gelding of above ^5 value, which has been 
found prejudicial so far forth as the same relates to stud mares, be it 
enacted that no stud mare kept for breeding only, nor stallion kept 
as such, and for no other use, shall be deemed or taken to be within 
the intention of the Act entitled, ' An Act for better securing the 
Government by disarming the Papists,' but that every Papist, and 
reputed Papist, may keep such stud mares and stallions notwith- 
standing the said Act, or any law to the contrary, and the breed or 
produce thereof under the age of five years, and not otherwise." 

The law which prevented " Papists " having any greater 
tenure than thirty years, where the rent reserved was less 
than two-thirds of the value, was calculated to prevent 
any improvement in their condition or in the system of 
agriculture. This policy was the result of the abnormal 
relations of two classes the plunderers and the plundered, 
the owner and the occupier. The former, possessed of political 
power and supported by the armies of England, enacted 
oppressive and restrictive laws ; the statute-book and the con- 
current testimony of all authorities prove that it was their 
stern resolve that the mass of the people should be denied all 
interest in the lands which they cultivated, and be condemned 
to live on the coarsest food, and reside in habitations unfit for 


human beings, while the utmost rent was wrung from them. 
'Dean Swift, writing in 1729, says, 

" Upon determination of all leases made before the year 1690, a 
gentleman thinks he has but indifferently improved his estate if he 
has only doubled his rent roll. Leases are granted but for a small 
term of years, tenants are tied down to harsh conditions, and dis- 
couraged from cultivating the land they occupy to the best advantage 
by the certainty they have of the rent being raised on the expiration 
of their leases, proportionate to the improvements they shall make. 
Thus it is that honest industry is depressed, and the farmer is a slave 
to the landlord." 

The complaint made by Dean Swift is in effect that the 
labour or the representative of the labour of the tenant became 
without any compensation the property of the landlord, and 
that he who expended his labour and capital upon the land 
was compelled to pay another man for the property which he 
by his industry and labour had created. 

I shall conclude the history of this period, and the 
description of the effects of these laws, with the following 
extract from the writings of Edmund Burke : 

" The laws," says he, " have disabled three-fourths of the inhabit- 
ants of Ireland from acquiring any estate of inheritance for life, or 
for years, or any charge whatsoever on which two-thirds of the im- 
proved yearly value is not reserved for thirty years. This confine- 
ment of landed property to one set of hands, and preventing its free 
circulation through the community, is a most leading article of ill 
policy ; because it is one of the most capital discouragements to all 
industry which may be employed on the lasting improvement of the 
soil, or in any way conversant about land. A tenure of thirty years 
is evidently no tenure upon which to build, to plant, to raise enclo- 
sures, to change the nature of the ground, to make any new 
experiment which might improve agriculture, or to do anything 
more than what may answer the immediate and momentary calls of 
rent to the landlord, and leave subsistence to the tenant and his 
family. Confine a man to momentary possession, and you at once 
cut off that laudable avarice which every wise state has cherished as 
one of the first principles of its greatness. Allow a man but a tern- 


porary possession, lay it down as a maxim that he never can have 
any other, and you immediately and infallibly turn him to temporary 
enjoyments ; and these enjoyments are never the pleasures of labour 
and free industry, and whose quality it is to famish the present hours, 
and squander all upon prospect and futurity ; they are, on the 
contrary, those of a thoughtless, loitering, and dissipated life. The 
people must be inevitably disposed to such pernicious habits merely 
from the short duration of their tenure which the law has allowed. 
But it is not enough that industry is checked by the confinement of 
its views, it is further discouraged by the limitation of its own direct 
object, profit. This is a regulation extremely worthy of our atten- 
tion, as it is not a consequential, but a direct discouragement to 
amelioration, as directly as if the law had said in direct terms, * Thou 
shalt not improve.' But we have an additional argument to demon- 
strate the ill policy of denying the occupiers of land any ; solid 
property in it. Ireland is a country wholly unplanted. The farms 
have neither dwelling-houses nor good offices; nor are the lands, 
almost anywhere, provided with fences and communications ; in a 
word, in a very unimproved state. The landowner there never takes 
upon him, as is usual in this kingdom, to supply all these con- 
veniences, and to set down his tenant in what may be called a com- 
pletely furnished farm. If the tenant will not do it, it is never done. 
This circumstance shows how miserably and peculiarly impolitic it 
has been in Ireland to tie down the body of the tenantry to short and 
unprofitable tenures. A finished and furnished house will be taken 
for any tenure, however short ; if the repair lies on the owner, the 
shorter the better. But no one will take one, not only unfurnished, 
but half built, but upon a term which on calculation will answer with 
profit all his charges. It is on this principle that the Romans estab- 
lished their Emphyteosis, or fee farm ; for although they extended 
the ordinary term of location only to nine years, yet they encouraged 
a more permanent letting to farms, with the condition of improve- 
ment, as well as annual payment on the part of the tenant, where the 
land had been rough and neglected ; and therefore invented this 
species of ingrafted holding in the latter times, when property came 
to be worse distributed by falling into a few hands." 

The laws to which Mr. Burke referred in this passage were 
those which were enacted in the reign of the last of the Stuart 
monarchs. The first of this race abolished the tanistry system, 


which gave each man a life interest in a certain portion of 
the soil, and so forfeited large districts. His successors 
followed in the path of spoliation ; a new class of owners came 
into possession, whose laws prevented the improvement of the 
land, and thus lessened the supply of food, and diminished 
the population. The tide of confiscation ebbed and flowed 
during these reigns, but in so doing the native possessors were 
almost entirely swept away. 




IT is often the province of the historian to trace the progress 
of small states, and observe their gradual transformation into 
large ones. It often also devolves upon him to notice the 
decay of large states and their gradual reduction to insignifi- 
cant principalities, if not their total annihilation. The growth 
of the margravate of Brandenburg into the mighty kingdom of 
Prussia, and finally into the great German Empire of the pre- 
sent day, is a remarkable instance of the former; while the 
dissolution of the great duchy of Burgundy and its gradual 
absorption is one of the latter, although some portion of it 
has reconstituted itself in the small but prosperous kingdom 
of Belgium. But what I propose to bring before the Society 
falls under neither of these heads, but is the brief history of a 
power which might have had a career like that of Branden- 
burg or Austria, but the course of which was simply cut short 
by the failure of its dynasty in the very meridian of success 
and prosperity. 

By a charter given in the year 1362, at Briinn, in Moravia, 
the Emperor Charles IV., of his imperial power in the empire, 
and with the knowledge and consent of the Austrian princes, 
as especial lords in Styria and Carinthia, promoted Ulric and 
Hermann, barons of Sonneck, to the rank of counts of the 
empire, and that to the county of Cilly, in Southern Styria, 
in a district inhabited, not by Germans, but by Slovenians. 
The frontiers of this county comprehended large estates lying 
on both sides of the river Save, where the boundary line now 
runs between Styria and Carinthia, and the seat of government 
was in the upper and lower castles of Cilly and the town of 


Cilly. On the Hungarian side the frontier ran from 
Rohatetz to a castle called Ostravitz, pretty nearly where the 
boundary line is now drawn between Carinthia and Croatia. 

The Emperor Sigismund espoused Barbara, the daughter 
of Count Hermann, and bestowed still higher marks of favour 
on the Cilly family. By a charter given at Prague in 1436 
he confirmed the grant made by his father, Charles IV., and 
also improved the position of the Counts of Cilly by pro- 
moting them to the dignity of prince-counts, and that not 
only with respect to the Cilly estates, but also with respect to 
the counties of Ortemburg and Sternberg in Carinthia, which 
had escheated to him. And thus he constituted them inde- 
pendent rulers on an equal footing with the Austrian princes, 
who were not even consulted on the subject. Besides this, 
Sigismund, as King of Hungary, granted them the county of 
Zagoria and the town of Chakovetz, so that they wrote them- 
selves " By the grace of God Counts of Cilly, Ortemburg, and 
Zagoria (Ciliae, Ortemburgae, et Zagoriae Comites)." 

Count Hermann had three sons, Frederic, Hermann, and 
Louis ; and among his daughters was, as already mentioned, 
Barbara, the wife of the Emperor Sigismund. To the especial 
use of his eldest son, Frederic, he assigned the castles of 
Gurkfeld, Mayhau, and Rudolfswort, on the Carniolan, and 
those of Kreffen and Sannabar, and apparently that of 
Steinschnock, on the Croatian side of his territories. Frederic 
resided at the castle of Kreffen, as the chief fortress of the 
whole of Zagoria. His second son Hermann had a daughter 
Margaret, who married Count Hermann of Montfort, then 
possessor by mortgage of the castle of Pfannberg. The last 
Count of Ortemburg made the third son, Louis, his heir. 

The firstborn son of Count Frederic, Ulric, a man of great 
prominence in the times of King Ladislaus Postumus, was 
appointed Viceroy of the kingdom of Bohemia in 1438 by 
King Albert, the Austrian prince who was elected King of 
Bohemia on December 27, 1437, and who died in 1439. 
Ulric married Catherine, daughter of George Brankovitch, 
Prince of Servia, thus becoming brother-in-law of Sultan 


Amurath, who had another daughter of Brankovitch to wife. 
By Catherine, Ulric had one son and two daughters, who all 
died young. 

The exceptional position which the Emperor Sigismund 
had granted the Counts of Cilly in the lands of the Austrian 
princes without their consent became after his death the 
cause of bitter quarrels, nay, even of open war between Count 
Frederic of Cilly and Frederic IV. of Austria. Old Count 
Hermann, Frederic's father and Ulric's grandfather, had 
indeed surrendered to the Austrian princes, without recom- 
pence, four castles which he held either in his own right or by 
right of mortgage ; but that was not sufficient to extinguish 
the grudge excited by the elevation of the house of Cilly. 
Neither was Frederic IV. a man to put up tamely with this 
elevation, although King Albert himself had raised no objec- 
tion against it, requiring as he did the services of young Ulric 
in Bohemia. 

As early as the year 1439, and probably in the autumn, this 
grudge passed into open war, the result of which was greatly 
affected by the general selected by Frederic of Cilly to lead his 
army. A poor Bohemian squire,named John Vitovetz, presented 
himself some time in that year at the court of Frederic of Cilly, 
with three servants on horseback, desiring to take service with 
him, engaged as he then was in war with Frederic of Austria. 
His talents werequickly recognised, and his services made use of 
in responsible positions. The first castle taken by the aid of 
Vitovetz was that of Burg, not quite five English miles from 
the town of Cilly ; this was razed to its foundations. The 
second was Blankenstein, the third Erkerstein, and the fourth 
Pbltschach ; and lastly, two towers, one near Neuenburg, and 
the other near Miihlstatten. 

In the autumn Count Frederic sent Vitovetz from the 
castle of Kreffen to the town of Nassenfuss, then occupied by 
the Bishop of Gurk, a favourite of Frederic of Austria, who 
had just been elected King of the Romans. On the march 
Vitovetz ascertained that his adversaries were posted by a 
fish-pond below Steydeck, and were engaged in what we 


should call dragging it. He surprised them thus engaged, 
routed them, and took their commander, Dirnbacher, prisoner, 
who, with others, was kept imprisoned in a tower at Kreffen 
for fully three years. 

After the death of Albert, King of Bohemia and Hungary, 
in 1439, Hungary was divided into two factions, one the 
Austrian party, holding with Ladislaus Postumus, the posthu- 
mous son of King Albert, the other the Polish party, which 
supported the pretensions of Wladislaw of Poland. The 
Counts of Cilly took the side of their relative, Ladislaus 
Postumus, the grandson of Barbara of Cilly and the Emperor 
Sigismund. War between the parties was unavoidable, and 
lasted the whole of the year 1440, into the year 1441. Ulric, 
Count of Cilly, was young Ladislaus Postumus's representative 
and commander at Raab in Hungary, and as he was on his 
way to the widowed Queen Elizabeth at Presburg, he was 
attacked by the men of Wladislaw of Poland, taken prisoner, 
and conveyed to Buda, but released on parole. 

Meanwhile the Hungarian leader, Banfy, had penetrated as 
far as Sannabar, and encamped near this castle, which be- 
longed to the Counts of Cilly. Vitovetz found him with a 
waggon fortress in the neighbourhood of an extensive morass. 
He attacked the Hungarians with such vigour that they beat 
a hasty retreat into their fortress ; but Vitovetz forced his 
way in along with them, and gained a complete victory in the 
midst of the waggons. Many of the Hungarians galloped on 
horseback in flight into the morass, and there perished miser- 
ably. Others were taken prisoners, as well as tents, artillery, 
waggons, gold and silver plate, money, and many other things. 
Five hundred well-equipped horses fell to the lot of the 
victorious general. Among the prisoners was Paul, Duke of 
Lindau, who afterwards became King Ladislaus Postumus's 
High Steward. This battle took place on March I, 1441. 

Vitovetz marched on with the army of Cilly in the direction 
of Raab, and met King Wladislaw of Poland in the plains near 
Sabaria ; but, instead of a battle, a compromise was negotiated 
by the two Counts of Cilly. It was agreed that Count Ulric 


should be released from his parole, and that the prisoners 
taken in the war, on both sides, should be set at liberty. 

Wladislaw of Poland perished in 1444, in the battle of 
Varna against the Turks, and his faction in Hungary was 
compelled to accept Ladislaus Postumus, or, as the Cilly 
Chronicle calls him, " Lasslawn," for king. He was under the 
guardianship of Frederic of Austria, King of the Romans, to 
whom the Hungarians, in September, 1444, sent a formal 
embassy, desiring that he might be delivered up to them. 
Count Ulric of Cilly, who was much thought of by the king, 
exerted himself to the utmost in favour of the boy's being 
sent to Hungary ; but the M'hole negotiation was shipwrecked 
on certain preliminary conditions demanded by Frederic. 
The Count of Cilly, dreaming of the dignity of regent, which 
he expected to hold during the minority of Ladislaus in 
Hungary, and seeing the success of his exertions in council, 
determined to compel the Hungarians to accept him as king 
by force. 

The time was favourable for such a course. John Hunyadi, 
so celebrated for his victories over the Turks, was just then 
on his march against Drakul, the ruler of Wallachia. Ulric 
therefore ordered his general, Vitovetz, to invade Croatia and 
attack Matka-ban, who held the bishopric of Agram, the 
priory of Vran, and the Castle of St. George, besides other 
lands and fortresses in Croatia. The fortune of war was 
favourable to Vitovetz. By the end of the year 1445 he had 
taken the Castle of St. George, and not less than six others, 
besides getting possession of everything belonging to the 
bishopric and the priory. At the taking of the Castle of 
Peckern, Janus-ban, Matka-ban's brother, was killed by an 
arrow ; at Chrastovetz two knights, high in the Hungarian 
army, were killed together by a single cannon shot. But 
Vitovetz like Ziska, at the Castle of Rabi lost an eye 
before Chrastovetz, by a shot from a hand-gun. As the 
Counts of Cilly had previously obtained the great Castle of 
Medved-grad (Bear Castle), by exchange for Seyllenburg, they 
now became complete masters of the district of Agram, so 


that Count Ulric appointed a priest named Benedict, Bishop 
of Agram, and after him another, Dr. Balthazar, who main- 
tained himself there until the death of Ulric. 

Intelligence of these events reached John Hunyadi while 
still on Wallachian ground. But, however desirous he might 
have been of taking vengeance on the Count of Cilly, he was 
obliged to defer his intentions to another time, his army, on 
account of the approach of winter, disbanding itself after the 
Wallachian campaign, and the men returning to their homes. 
But before he obtained the position of Regent of Hungary in 
the name and stead of King Ladislaus Postumus (to which 
he was elected in May, 1446), he made a destructive inroad 
into the county of Cilly, in order to avenge himself upon the 
count. But here, too, Vitovetz, with his trusty soldiers, re- 
sisted him successfully, so far as his inferior forces allowed, 
exhibiting therein no small sagacity and military skill. The 
army that Hunyadi had assembled numbered 15,000 men, 
Hungarians and Wallachians. This large force marched over 
the Drave into Croatia with the intention of recovering the 
castles which the Count of Cilly had taken and garrisoned in 
the preceding year. The Castle of St. George was first taken, 
after which Hunyadi led his army before Varazdin, which was 
then unfortified, except by a single tower, built by Ulric at 
one corner. Unable to take the tower, and not desiring the 
delay of a regular siege, the Hungarians set the town on fire 
and hastened into the county of Cilly, where they sat down 
before the town of Wendish Feistritz. Vitovetz's tactics were 
to provide all strong places with garrisons, while he himself, 
with a small body of from sixty to eighty horsemen, kept on 
the rear of Hunyadi's troops in the open field, in order to 
ascertain their plans. As soon as he found their aim to be 
Feistritz he outstripped them, and arrived in the town before 
they arrived before it. The first assault of the Hungarians, 
which they made on the town the week after Palm Sunday, 
was repulsed on all four sides. A fire broke out in the town, 
said to have been kindled by a soldier, who was a born Hun- 
garian. The Hungarians imagined that Vitovetz wanted to 


escape from the town under cover of the conflagration, and 
surrounded it on all sides. Finding that nobody attempted 
to quit the town, they delivered a second assault. The de- 
fenders, having burning houses in their rear and the enemy in 
front, were only able to post themselves between a palisade 
and the wall with which the town was surrounded, and there 
await the enemy. The Hungarians succeeded in forcing their 
way as far as the moat, but after a sharp struggle were com- 
pelled to retreat a second time. Hunyadi, seeing that he 
could not take the town by a coup de main, sent his nephew, 
Szekelyi, with about 1,000 men, to the town of Cilly, 
but he was able to effect but little, and returned to 
Feistritz after burning a few houses and farm buildings in 
the suburbs. 

It would seem that the spring floods running from the moun- 
tains into the Drave compelled Hunyadi to leave Feistritz 
and hasten to the opposite bank of the river. He made an 
armistice for a few days with Vitovetz and hurried over the 
river, but lost a good many men and horses in the passage, 
and others were intercepted before they were able to cross. 
Vitovetz himself, observing that Hunyadi was anxious to get 
to the town of Ptuj, anticipated him there also, and prevented 
his entrance. The Hungarians proceeded onwards between 
the Drave and Muhr, ravaging the Cilly estates, until after a 
slight skirmish near Chakovetz they recrossed the Drave and 
reached the village of Koprivnitz, whence they made forays 
and did all the harm they could to Ulric's property. Nor was 
it till Vitovetz followed them thither himself, posted himself 
with his army near the lower of Rasinje, about five English 
miles from Koprivnitz, and made ready for a pitched battle 
with them, that they withdrew thence and returned to Hun- 
gary, whence they had come. On this campaign Hunyadi 
did not fail to inform the count that he, the count, was the 
guilty cause of all this mischief, in that, when he invaded 
Hungary the preceding year, he had done it without a defiance 
and without notice, conduct which the Hungarians had not 
expected from him, as it was the proper thing to issue a 


defiance * before war. It is gratifying to find that a reconcilia- 
tion took place between Count Cilly and Hunyadi, dated 
March 21, 1456, not long before the great Hungarian hero's 
death, which took place suddenly of the plague at Belgrade 
on August nth of the same year. 

In the year 1454, on the eve of St. Margaret, died old 
Count Frederic, Ulric's father, and on the selfsame day Ulric's 
army suffered a defeat from Toman, Count of Croatia, who 
had made himself master of several castles belonging to the 
Cilly family in the valley of the river Kerka, and in particular 
of that of Osterwitz. Count Ulric without delay sent John 
Vitovetz, who had not been with the defeated army,f to 
humble Toman. Toman soon surrendered both Osterwitz 
and another unnamed castle, both belonging to the Croato- 
Dalmatian Banat. 

Two years afterwards (November 9, 1456) Count Ulric, 
who succeeded the great Hunyadi as King Ladislaus Postu- 
mus's captain-general in Hungary, was assassinated by his 
rival, young Ladislaw Hunyadi, eldest son of the hero, at 
Belgrade in Servia. 

This event took place on the following wise. After the 
death of the great Hunyadi, King Ladislaus Postumus was 
compelled by both military and political reasons to hasten 
from Vienna into Hungary with all possible speed. A diet 
was summoned at Futak, which was but sparsely attended by 
the Hungarian nobles, and at which Ladislaw Hunyadi refused 
to present himself, unless he were assured by a document 
under the royal sign-manual that the account due from his 
deceased father would not be demanded from him. At length 
he appeared, and was received with every mark of honour 
and friendship. He promised within a given time to surrender 
into the king's hands not only Belgrade, but all his castles, 
and requested to be again accepted as a son by Count Cilly 

* What the Germans call a " Fehdebrief." 

f It is plain from the whole tenor of the narrative in the Cilly 
Chronicle that the wording ought to run " Und bey der ersten Reiss da 
das Volk wardt niedergelegt, ist J. Wittobetz nit (not mif) beygewesen." 


according to the terms of 'the deed of reconciliation with his 
deceased father. This engagement was renewed at the solici- 
tation of the king, and confirmed not only by an oath, but 
by the solemn reception of the eucharist by both parties. The 
reconciliation appeared so complete, and confidence so entire, 
that the king and Count Cilly determined to proceed to Bel- 
grade, although it was still in the power of the Hunyadis ; it 
being said that the garrison of the fortress was as devoted to 
the king as its lords themselves. 

The king landed at Belgrade with his army and the 
Crusaders, making up altogether 44,000 men in 103 ships, on 
the evening of November 10, and was welcomed on the bank 
of the river with the highest honours. At his side were 
Count Cilly, Duke Otto of Bavaria, the Bohemian Lords of 
Rosenberg and Sternberg, the young Count of Gorz, Count 
Frangipan, and many other nobles. As soon as he had ridden 
into the fort with his suite, the gate was hastily closed behind 
him, and entrance denied to all Germans and Bohemians who 
refused to lay aside their weapons. Endeavours were made 
to calm the terrified king by assuring him that an ancient law 
forbade armed men, not belonging to the garrison, to be 
allowed to enter a border fortress. But Count Cilly 's fore- 
boding of evil was soon fulfilled. He attended mass on the 
following morning, and was several times summoned during 
the service to a consultation which was to be held in Count 
Ladislaw's room. At length he appeared unarmed, but with 
his corselet under his clothes. Behind him came Count 
Gregory Frangipan, and Kaplir of Sniewitz, a noble Bohe- 
mian youth, sixteen years old. Being received by young 
Hunyadi with a kind of reproof, and perceiving the danger 
threatening him in the whole bearing of the friends of the 
latter, he drew Frangipan's sword, and boldly commenced the 
struggle. He wounded Hunyadi and three Hungarian lords, 
but was then struck down and slain, and his head cut off after 
his death by Szilagyi. Frangipan and Kaplir, who endeavoured 
to protect him, were both wounded. During the tumult and 
outcry that arose the garrison disarmed and robbed all the 


German and Bohemian lords and nobles that had entered the 
fortress with the king, nor did they spare Duke Otto himself. 
The king was kept under ward in a room apart, and told that 
Cilly had begun the fray, and paid for his wickedness as he 
deserved : the king himself had nothing to fear, but would 
now rule freely, liberated from his traitorous guide, and all the 
Hungarians would obey his commands. The army was dis- 
banded, and the king was kept a fortnight in a kind of respect- 
ful custody by Ladislaw Hunyadi, after which he was released, 
declared himself of age at Ofen, and took the opportunity of 
a tournament to arrest, condemn, and behead Ladislaw Hun- 
yadi (March 1-5 and 16, 1457), and also eventually carried off 
Mathias Hunyadi, afterwards the celebrated King of Hungary, 
Mathias Corvinus, a captive to Vienna. 

With Ulric the family of the Counts of Cilly died out, and 
no other member of it remained but his widow Catherine. 
Five banners waved over the bier of this powerful man when 
his remains were brought for burial in the monastery at Cilly, 
the banners of Cilly, Ortemburg, Sonneck, and Zagoria, and a 
black mourning banner. And there was great weeping and 
wailing when it was cried over the grave, " Cilly ! and Cilly 
never more ! " (" Cilli ! und nimmermeyr Cilli ! "). 

Scarcely was the count laid in his grave, when numerous 
claimants appeared with stronger or weaker pretensions to 
what he left behind him. First was the Emperor Frederic, 
who claimed all the lordships and castles in Styria, Carinthia, 
and Carniola ; second, King Ladislaus Postumus of Hungary, 
to whom the deceased count had intended to bequeath his 
estates ; third, Prince Sigismund of Austria, who claimed 
the county of Ortemburg ; and fourth, Count John of Gorz, 
who produced ancient reciprocal agreements respecting in- 
heritance with the Cilly family. Others also claimed portions 
of the Cilly property, but none of the claimants paid the 
slightest regard to the widow. She, however, and the " coun- 
cillors, burggraves, and servants " of her late husband, formed 
a league for defence, at the head of which was Vitovetz, to 
whom Count Ulric had given the Castle of Greben in inherit- 


ance, and that of Sternberg in Carinthia for life. He had 
also made him his " viceban " in the " Wendish " * territories. 

After the death of Ulric, King Ladislaus appointed Vitovetz 
Ulric's successor in the Slavonian Banat, as appears from a 
document dated March 24, 1457, in which Vitovetz engaged 
to enter into the service of the Emperor Frederic, provided 
he was released from his duties by King Ladislaus, " whose 
ban he was in the Wendish lands." So far, however, was 
Ladislaus from giving him the required release, that he 
ordered him to commence hostilities against the Emperor at 
once, which he did with such effect, that on April 2Qth, 1457, 
he captured the Emperor's whole suite in the town of Cilly. 
But on November 23rd, 1457, King Ladislaus died, and 
nothing remained for the widowed countess but to make the 
best agreement she could with the Emperor Frederic, with 
whom she came to terms on December I5th, 1457, the 
Emperor obtaining all the Cilly castles in Carniola, Styria, 
and Carinthia, while she was left unmolested in possession of 
those in Hungary and Croatia. 

The Emperor also came to terms with Vitovetz soon after 
the election of Mathias Hunyadi, surnamed Corvinus, to the 
Hungarian throne, and it is supposed that it was greatly due 
to the aid of Vitovetz that he defeated Mathias and his 
adherents in the battle of Kbrmend, on April 7th, 1459. 

In December, 1459, Count John of Gorz declared war 
against the Emperor on account of his claims to portions of 
the Cilly estates, and took the town of Drauburg, in Carinthia, 
and two castles in its neighbourhood, as well as Goldenstein 
and Ruffenstein, finally sitting down before Ortemburg. The 
Emperor spared neither pains nor money to engage Vitovetz 
in his service, and that able commander soon reduced the 
Count of Gorz to terms, taking from him all his late acquisi- 
tions and also his previous rightful possessions in Carinthia. 
In recompence Vitovetz was made Count of Zagoria by 
letters patent, dated March 22nd, 1460. Vitovetz also 

* "Wendish" signifies much the same as Slavonic. 


obtained all but one of the castles previously held by the 
widowed countess, making her compensation in money, and 
she settled with her property in the city of Ragusa, receiving 
also an annual income from her sole remaining castle. 

Vitovetz thus became under the Emperor possessor of a 
great portion of the domains of the Counts of Cilly, along 
with the arms of Sternberg and Cilly. As the Cilly Chronicler 
says, " John Wittebetz thereafter became powerful, and wrote 
himself Joan, Count in Zagoria, and Ban in the Wendish 
lands." After the year 1463 nothing further is heard of him, 
although in 1477 n ' s widow is known to have been in posses- 
sion of all his estates. 

Such is a brief account of the rise and disappearance of the 
county of Cilly, which for a time was certainly one of the 
most powerful and prosperous of the smaller states in Europe, 
and which, had not its line died out, might have had a very 
conspicuous future before it.* 

* The writer acknowledges his special obligations to an article in the 
Czasopis of the Bohemian Museum by Herm. Jireczek, intituled "Jan 
Vitorec, valecznik czeskjr." 




DlONYSlUS of Halicarnassus tells us that History is " Philo- 
sophy teaching by examples." Of all the definitions of his- 
tory, this, one of the oldest, is probably one of the best. It 
is assuredly the best in a scientific point of view, since it 
places history in the true light of a natural science. It is as 
though it said history is the record of phenomena which occur 
and which recur, so that an example is set which may be ac- 
cepted and remembered as something that will be seen again 
and recognised again like other and more obviously mechani- 
cal examples of natural processes. 

Lord Bacon conveys in other words the same thought when 
he says " history treads the earth performing the office of a 
guide rather than of a light." He means, I take it, to tell us 
in this definition that history is a series of examples or signs 
by which we are led on in natural course to know what are 
the whole phenomena of the living moving force or light that 
produces the phenomena. Frederic Schlegel expresses the 
same thought, yet once more in different terms, when he says 
" the historian is a prophet with his head turned backwards : " 
by which he suggests that the man who has read history 
thoroughly has seen the phenomena recorded in history so 
frequently, he is able to foresee the recurrence of the pheno- 
mena or the circumstances under which they will recur. 

More forcibly still the same view is maintained, but pro- 
bably not originated even by him, in the words of the writer 


of that most wonderful of all wonderful essays, the Book of 
Ecclesiastes ; a book which, to my mind, is the unsurpassed 
of all that is in literature : a book of science of the most lucid 
character ; a book of metaphysics of the most subtle discrimi- 
nation ; a book of philosophy taught by examples of the pro- 
foundest wisdom. And thus its writer speaks : " The thing 
that hath been, it is that which shall be ; and that which is 
done is that which shall be done :' and there is no new thing 
under the sun." 

The selfsame thought is conveyed in the common saying, 
" History repeats itself." 

I have quoted the statements of those who rank highest of 
the highest in authority ; but it is also open for me to make 
reference to yet another authority, which, though in detail 
lower, is, in combination, the source of the very authorities 
classed as the highest. I refer to what we may call the ex- 
perience of intellectual mankind. Whatever may be the secret 
origin of the experience, it is certain that in proportion as the 
animal man surpasses the lower animal, and rises, by intellectual 
superiority, into the light of knowledge, and into that applica- 
tion of knowledge which we call wisdom, he becomes more 
conscious without any professed special historical learning, I 
mean historical learning according to the common acceptation 
of the term, he becomes more conscious of the impression that, 
whatever new thing is brought forth, it is in some sense accord- 
ing to the order of nature. A something which he is prepared 
for if not familiarized with. A something that he accepts as 
if it were old, or as if it had been done before or had been 
thought of before. To him it is no surprise. The ignorant 
only are subject to wonder. There exists, in fact, amongst 
the intellectual a mental preparation for accepting what is 
called the repetition of history. 

Before we can discuss the phenomenon of repetition it is 
necessary to see clearly what are the elements of history. In our 
day we have come too exclusively to confine the word history 
to what is technically called civil history, that form which 
Bacon defines as the " works and acts of men;" while natural 


history, which the same author defines as "the natural records, 
the works and acts of nature," is put aside as if the adjective 
rather than the noun expressed what ought to be understood. 
This is a mistake of the first order. The two histories are 
one and inseparable, and their combination under one pro- 
fessorship, as in the chair of civil and natural history in 
the University of St. Andrews, for example, though it be an 
imperfect mode of expressing the unity, is an improvement 
on the system of division and distinction which now passes 

On the supposition that civil and natural history are one, 
the term historical repetition is at once admissible and under- 
standable, because no one disputes that the phenomena of 
natural history, of night and day, of storm and calm, of 
seasons, of birth and death, and such like, are repeating his- 
tories. These phenomena a man can contemplate and calcu- 
late apart from the phenomena he himself produces. The 
great question is, are the works and acts of men of the same 
order ? Is the course of a famiJy or race as definite as that 
of a planet ? Are human affairs conducted in a manner that 
subjects them to recurrence independently of the man ? Is 
the will of man, seemingly so independent, no more than a 
will within a will ? Is it directed from without ? Is it as 
definitely under natural law and ordinance as those movements 
which are so obviously under external governance ? In a word, 
are the works and acts which make the civil history of the 
world under fixed law as recurring phenomena ? Is it the fact 
that " the thing which hath been is that which shall be ; and 
that which is done is that which shall be done " ? 

From my own observations I gather that there are three 
schools of thought on these questions. There is a school, 
and this includes probably the greater part of those who are 
called pure historians, which studies the civil history, the 
works and acts of man, apart altogether from natural history. 
To this school man stands forth as an independency, an in- 
strument of self-government, an instrument of self-improve- 
ment in the fullest degree. Man is set free from Nature ; he is 


above Nature. He may control her, defy her. The supreme will 
which ordained the material universe, and which also ordained 
man, established in its divine wisdom two orders of power. 
The one the motion of inanimated matter, mighty and per- 
sistent, governed by laws out of the hand of man. The other 
the motion of animated matter, of matter endowed with self- 
action, responsible to itself ; standing apart from inanimated 
moving matter, and seeing it move, yet declaring it dead ; study- 
ing the movements of such dead matter, and formulating 
them in pages of science, yet feeling itself distinct and super- 
endowed ; reading a history of the movements of the unani- 
mated matter, and calling the record natural history ; reading 
a history of the movements of animated matter, and calling 
that civil history ; speaking of the unanimated distinctly as 
nature, of the animated distinctly as man. 

To this school of thought the idea of historical repetition 
is, of a necessity, a chimera. Why should history repeat itself? 
Man increases, and as he increases progresses. Man is free to 
improve in the future, why should he fall back on the past ? 
If it be that some facts suggest repetition, the facts are due 
to the circumstance that the man has continued too long in- 
active in that particular matter of improvement. He repeats 
when and where he might improve, or he continues a practice 
or an act because it pleases him to do so; because, in fact, he 
likes to continue it. This school of thought is strong in its 
beliefs ; and civil history, as a special branch of learning, is 
founded upon it. It is strong because it is satisfactory to the 
pride of man. It adds to him a principle, a spirit beyond 
that which belongs to the inanimate matter he sees in motion 
around him. He is no mere cloud to be wafted by the four 
winds, to be driven into fantastic form, to be dissolved in tears 
of rain, or to be riven as by passion of lightning or clash of 
thunder into nothingness. No ! These phenomena pass away 
and repeat themselves. He exists ! He can govern even that 
angry cloud, and make its passionate fire obey his behests. 

There is another school, to which the majority of educated 
mankind belongs, which, on the whole, is content to accept 


the teaching of the civil historian as above stated, but which 
accepts the teaching with a qualification. It sees so many 
instances of strange repetitions of work and act in the history 
of man, it is fain to believe in some stranger and more 
singular power, by which, independently of the human will, 
some works and acts are repeated. For much that man does 
he is master of the doing ; but not for all. He is sometimes 
impelled to repeat what has been done. There is a law of 
coincidences, say the followers of this school, which they 
believe, but do not attempt to explain ; some midway con- 
nection between the repetitions of nature and the free-will of 

There is a third school, including mostly students of natural 
history ; a very ancient and at all times, so far, a very small 
and select school, which thinks it can trace everything back to 
natural law. This school holds that men are deceived when they 
consider their works and acts are supernatural, or out of the 
range of ordinary natural governance. It says that a 
superior intelligence surveying all human work would detect 
that such work, like that of external nature, is after a fixed 
rule with periods of recurrence. 

These historians see in civil as in natural history nothing 
but repetition. To them history, universal and concrete, is- 
ever repeating itself. Foremost of the school was he who 
wrote, " The thing that hath been, it is that which shall be ; 
and that which is done, it is that which shall be done : and 
there is no new thing under the sun." 

Between the first and the last of these schools of thought 
the world of intelligence has been divided from the first 
periods of enlightenment. The contending views colour every 
act, every science, every social phase, every religion. The 
aesthetic joy of the ancient Greek, the melancholic determi- 
nation of the Jew, are representative extremes of these 
schools. The religious ardour which, upholding good works, 
places salvation in the power of the unsaved ; and the equally 
religious fervour which, prohibiting boasting, makes salvation 
an act of grace and places the act amongst the events that 


are predestined and out of the reach of the will of the 
recipient, are the representative extremes of these two schools 
of thought. 

On the whole, the contentions of argument on these debat- 
able subjects have been carried out by the advocates of the 
first and third of the schools of thought, both of which, in a 
numerical sense, have ever been a minor part of mankind. 
The masses have belonged to those who, caring less for 
logical precision than for peace of mind and influence, have 
adopted something from each of the extreme schools, and 
stood between them. The history of the Church of Rome is 
a signal illustration of this position. Extolling the doctrine 
of good works to the actual canonization of man, and making 
it dogmatically clear that human advancement to perfection is 
progressive and dependent on individual perfection wrought 
out by the human will, this church declares, at the same time, 
at every possible opportunity, the changelessness of history? 
and that " as it was in the beginning, is now, and ever shall 
be, world without end." The grand division of the Church by 
which it was once broken occurred at this weak point in its 
doctrine, and would occur again if the added dogma that the 
Church is an instrument guided from without by definite 
rules and by virtue of a power it cannot control, but 
which always guides it in the right, were not applied as a 
philosophical support. A support borrowed from that school 
of natural historians which sees all men as instruments working 
out blindly to themselves the fixed and predestined order of 

In its scientific aspect the truth of the theory of historical 
repetition as a necessary occurrence, and as a definite occur- 
rence, turns altogether on the questions whether natural and 
civil history, i.e., the acts and works of nature and the acts and 
works of man, are or are not the same. If they be the same, 
then every repetition of history is a part of a design or system 
which, being fixed, may be discovered so that the future history 
of man may be foretold in a way as wonderful yet not more 
wonderful than the foretelling of eclipses to a world innocent 


of mathematical calculation. If they be not the same, then 
the most striking repetitions of history are due either to 
accidents, or to the resolutions of men that they shall be 
repetitions ; as when on the stage we present to an audience 
a moving and living picture of something that once has been, 
and that now, for the moment, by the order of the human 
will, is presented again. 

We might cast the theory of historical repetition to the 
winds, in its relation to civil history, if the event of it merely 
rested on accident, or on the resolution of man that it should 
be. Is there historical repetition as a part of a natural 
system, in the working of which we are the instruments, and 
over which we have no actual control ? Is it true that " the 
thing which hath been, it is that which shall be; and that which 
is done is that which shall be done"? 

I propose to devote a few moments to look at the assumed 
affirmatives of this argument. 

In the history of man, when he is considered as part of the 
universe, when in himself the natural and civil life are so com- 
bined that they become inseparable, the phenomenon of repeti- 
tion is simple enough and certain enough. The birth of man^ 
his appearance on the planet as a distinct existence, is a 
sufficient illustration of the phenomenon. Equally distinct 
and repeatedly distinct is the death of the man. The death 
may seem to be varied in detail of mode and form, but it is 
essentially one phenomenon, occurring always, as we discover 
when it is traced carefully to its intimate nature, from the 
same order of act and process. Again in the most refined 
construction of the man history is repeated. His qualities of 
mind, his muscular movement, his colour, his physique, are 
repetitions sometimes so close that the least observant are 
obliged to read them, and are never so absent but that the 
observant are able to read them. 

In this repetition of historical fact we touch at once the so- 
called civil history of the world, that history which is demon- 
strated by man in his acts and his works. If he be, as he 
certainly is, influenced by agencies which were in action and 


in work before he was born, and which are inevitably repeated 
through time, it is hard to deny that in civil as in natural 
affairs history repeats itself. That " the thing that hath been is 
that which shall be ; and that which is done is that which shall 
be done." 

When from these repeated qualities we come to the man 
himself, we see the repetition in those of his acts which make 
his history, and by multiplication of himself into the world, 
all history. The phenomena of sleeping and waking, on 
which his whole existence, as an active agency, depends, is a 
repetition as steady as almost any of the repeated phenomena 
of the movements of what is accepted as unanimated matter. 
A view has recently been enunciated that in respect to sleeping 
and waking, there are two definite periods in the twenty- 
four hours in which sleep and wakefulness naturally fall ; a 
period extending from eight in the evening to four in the 
morning for sleep ; and a period extending from four in the 
morning until eight in the evening for wakefulness ; and that 
these changes in the times named are like the ebb and flow of 
a tide in their regularity and order. To my sense as a phy- 
sician this theory is in accord with all I have observed. But 
whether it be strictly correct or not it nearly defines the limits 
of two processes which are to all intents repetitions of the 
history of man ; processes which are so connected with his 
acts and works, they may be considered the bases of his civil 
historical life ; processes that are so connected with his civil 
historical life, that changed in the same man, the character of 
his career would also be changed, so as to represent the 
condition under which it was developed and carried out. 

The history of man is rigorously repeated in those acts and 
works which depend on the possession of special organic parts 
or structures. Here the refinement of the repetition is such 
that nothing short of constant familiarity with it could fail to 
make it the most striking of demonstrations. Take for a single 
and sufficient example the repeated phenomena of particular 
singing voices, the soprano, the mezzo-soprano, the contralto, 
the tenor, the baritone, the bass. In studying these voices, so 


definitely arranged by historical repetition of a natural kind, 
the skilful musician constructs the whole of that part of civil 
human history that is written in song. He could not, indeed, 
write out of this rule of repetition, tried he ever so earnestly. 

It may with great fairness be said that in these illustrations 
we are dealing after all with the accredited phenomena of 
natural history, the repetition of which no one denies, and the 
effects of which, in an indirect manner, on civil history no one 
wishes to deny. I feel we may go a step further than this out- 
post. To my mind we may take also fairly into our argument 
the genius out of which all civil history in its practical de- 
clarations is prepared. The distinguishing peculiarity of 
genius is that it is impelled to its action in the person through 
whom it is developed. I cannot doubt there have been some 
men of genius so strongly impelled as to be themselves aware 
of the impulse ; themselves conscious that, in the supreme 
order and design of nature, they were instruments for unfold- 
ing the design ; that they lived not for themselves, but for 
other and irresistible intents. In saying this I do not mean 
to imply that such persons were specially picked out at a 
special time by some interfering superior governing hand for 
a special purpose or necessity, but that they came in natural 
undisturbed order of coming, in due time and probably in re- 
volution of fixed duration, i. e., in a psychical circle of time. 
In other words, they were repetitions of the same qualities of 
men, and were repeated because they came into the time and 
order of repetition. 

Again, it is difficult not to believe that universal genius 
by particular methods is repeated in particular epochs, now 
by genius for abstract research, anon for applied research ; 
mechanics ; now for poetry, anon for art. At the present 
moment we are passing through a phase of applied research, 
derived from the last marvellous century, and are repeating 
what has been the mind of preceding similar psychical periods. 
Sometimes we repeat in actual detail, innocent in the act of what 
has been done. Sometimes we repeat in detail not what has 
perhaps precisely been done, but what has been conceived and, 


owing to the briefness of the period of applied research, left 

History is a perfect mine of wealth of these facts when the 
mode of looking for them is once explained. Let me give an 
illustration of a rather striking character bearing upon one of 
the most startling of mechanical researches of this mechanical 

A modern genius told us not long ago a fact at which the 
masses wondered. Into an empty sphere of glass Mr. Crookes 
inserted light discs of matter, and by bringing the sunbeam 
to bear on these lightly suspended masses, in direct or in- 
direct form, he made those discs revolve. This is not the place 
to enter into the cause of such developed motion. Suffice it 
for me to say that the observation, on Mr. Crookes' part per- 
fectly original, is one that through the future must always excite 
an interest of the first order. If it be lost it will revive again. 
So much for this invention as an independent modern example 
of human skill. What to us is of special interest at the pre- 
sent moment, is the fact that this invention has been lost, and 
is now found again. " The thing which hath been, it is that 
which shall be ; and that which is done is that which shall be 
done." In this invention we see called up again the crystal 
sphere of Archimedes ; the sphere and cylinder, the figure of 
which Cicero, when Quaestor of Syracuse, many years after 
the death of Archimedes, discovered depicted on the tomb 
of the immortal mechanician : a tomb then so forgotten that 
men with scythes must needs clear the way that the anti- 
quarian Quaestor might approach the shrine. 

The spherical cylinder of Archimedes stands side by side 
with that of Crookes. Within it both scientists placed 
small bodies that by some wonderful extraneous power re- 
volved ; and so revolved that men of old and of our time might 
say, whether rightly or wrongly I do not declare, that they 
see in the little sphere the model of the great, of the earth and 
the sister planets moving round the central sun. 

"In sphczram Archimedis" affords a veritable text on which 
the poet Claudian, penning the subjoined poem, makes Jove 


himself look down with admiration to behold the mortals 
copying his plans and casting the designs of the gods into 
mortal mould. 


Jupiter in parvo cum cerneret aethera vitro, 

Risit, et ad Superos talia dicta dedit : 

Huccine mortalis progressa potentia curae ? 

Jam meus in fragili luditur orbe labor. 

Jura poli, rerumque fidem, legesque Deorum, 

Ecce Syracosius transtulit arte senex. 

Inclusus variis famulatur spiritus astris, 

Et vivum certis motibus urget opus. 

Percurrit proprium mentitus Signifer annum, 

Et simulata novo Cynthia mense redit. 

Jamque suum volvens audax industria mundum 

Gaudet, et humana sidera mente regit. 

Quid falso insontem tonitru Salmonea miror ? 

Aemula naturae parva reperta manus. 

A poem which I venture to translate as follows : 
When Jupiter beheld the ethereal air 
Enclosed within a little glass, he laughed, 
And to the gods, in such like words, exclaimed. 
" What ! has it come that mortals by their skill 
Have so progressed that in their fragile world 
My labour is a passing sport for them ? 
See you that Syracusian an old man, 
Claiming on earth the very rights of heaven, 
Laws of the gods, and principles of things! 
The spirit he infuses in his sphere 
Waits on his various stars, and gives to them 
A living motion, fixed by certain time. 
The counterfeited zodiac runs on 
In proper yearly course : and Cynthia, 
In a new month, with mocking step, returns. 
And now the audacious industry, entranced 
With its revolving worlds, must rule the stars, 
A human mind govern celestial fires. 


Why do I wonder at Salmoneus 
And his false thunder ? He is innocent ! 
When a small hand dares to proclaim itself 
The rival hand of nature ! 

In other works, or if not in actual works, in words of genius, the 
story of historical repetition is equally told. Homer dismisses 
his loving hero, telling his wife the self-same philosophy as we 
have described to-night. The term of all the race on earth is 
fixed, nothing, not even life, is antedated, though an enemy be 
at the door. Virgil depicts the pendant earth in space, "Aspici 
convexo nutantem pondere mundum" as clearly as ever astro- 
nomer royal drew it on his chart, Isaiah tells of the period 
when the infant shall not die from neglect, but when every 
man shall fulfil his allotted period on earth, like a modern 
sanitary scholar. Epicurus discusses the theory of atoms, 
and denying to the atom the soul or spirit which others had 
ascribed to it, proclaims the materialistic school which is at 
this very hour struggling, so hopelessly, to raise its head. 

Shakespeare knows, not less clearly than Newton, that the 
centre of attraction 

" Is as the very centre of the earth, 
Drawing all things to it." 

Milton, in the battles of the angels, invents engines of war 
which an Armstrong may reduce to matter, but cannot 
excel in conception of power. 

I need pursue this illustration no further. You who know 
biographical history so well will find in your memories a book 
of such remembrances. It will proclaim to you on every 
page as you read it that the soul of genius lives, in its repeated 
appearances, as itself and as nothing else ; as a light passing 
through the mental firmament : as a comet passing through 
the terrestrial sphere. 

We touch the most refined part of our study when we deal 
with the phenomena of historical repetition through the 
exalted shadow of genius. We touch the grosser, and there- 
fore the more obvious part, when we descend to those lower 


phases of human history, which are demonstrated in the 
instincts and passions. Through these repetition is ever being 
manifested. In the lower animals the repetition is so steady 
that their works and acts left uncontrolled may be practically 
measured as pure problems of calculable natural history. In 
men of lowest animal construction the repetition through the 
passions is as perfectly obvious. And all the phenomena of 
passion, of love, of hate, of greed, of fear, of lust, of pride, 
of rage, are presented with a regularity which makes the 
grand result of them in their worst phase, the crime that 
results from them, a measurable quantity from year to year 
and age to age. So great crimes, great massacres, great 
murders, great thefts, repeat themselves, as great virtues 
repeat themselves, and as great revivals do, in science, art, 
learning, and religion. 

From its application to the acts and works of man the 
law of historical repetition extends to the accidents in which 
he is involved, but in the production of which he plays 
no voluntary part. To that condition of mental aberra- 
tion to which we give the general name of insanity the rule 
applies with full force. Each form of this disease is an 
historical repetition. The same rule is in force in respect to 
common diseases. I can find no such thing as a new 
disease. I can find no evidence that any one disease has 
been uprooted. Long intervals of time elapse sometimes 
between the occurrences of a particular disease, but the recur- 
rences areonly a matter of time, and are governed, as it would 
seem, by some unknown but definite law. The periodicity of 
disease, indeed, is one of the strongest of evidences of the 
rule of historical repetition. 

If, then, all the mere natural acts of life are historical repe- 
titions ; if the vital organic acts are the same ; if the acts 
which distinguish men in their artistic lives are the same ; if 
genius be a repetition ; if the products of the passions be a 
series of repeated acts ; if the accidents by which we are 
affected, and the morbid not less than the healthy states of 
the body come in periodically recurring order : Then the fact 


that history repeats itself stands forth as an ultimate fact 
that must be accepted, though it may be beyond solution. 

The mind of man has not rested at the discovery of the 
phenomenon. It has endeavoured to solve it. It has been 
argued that all history is developed, according to physical 
conditions, and that each age, each race, each family, is 
moulded into its state and historical character by the nature of 
the forces and materials through which it is moved and served. 
I believe it to be true that much of the history of a people is 
dependent on the character of the natural foundation on which 
the people has been constructed and on which it survives. 
But this theory does not explain the recurrence of those mani- 
festations of repetition which stand quite apart from corre- 
sponding conditions, and which unite men who are separated 
by ages of time, by differences of language, by every possible 
variety of social condition. 

The simpler view seems to me to be that a certain 
number of elementary types of men exist, moulds of men 
if I may so say, and that these types, so long as they remain 
permanent on the earth, reappear in regular order of time. 
Practically, the same men live again, and think the same 
again, and do the same again. 

This hypothesis explains the facts, but of itself it is not a 
sufficient explanation. To carry it to its end it is necessary 
to conceive another mode of connection between man and the 
force we call will, than has yet found common accepta- 
tion. If will be an educt proceeding from the organization 
of the man, then the theory is untenable, the whole theory 
of historical repetition is a fable, and the pure materialistic 
reasoners have their way untrammelled by arguments of 
science. But suppose that the force which we call will is not 
produced by us. Suppose that it exists as light and other 
heavenly forces do outside ourselves, and acts through us 
according to our animal cast and condition, then the theory 
of types explains all the phenomena. Then we are moved 
to action by a power that is indeed higher than ourselves : 
then the mere organized part of ourselves, the instrument, the 


body, a compound instrument of many parts, is after all the 
mere instrument, beautiful but destructible, renewable but 

This theory has one more advantage above all others 
important. It links universality of law, even in history, with 
human progress. It assails none of the most cherished beliefs 
of a principle connected with animal life, yet acting as a dis- 
tinctive spirit through men. Lastly, it explains the differ- 
ences between men of different constructions, between man 
and animals of lower types, and between the lower animals 

I am not so vain as to falsify my argument by putting 
forward the hypotheses I have new. In argument, 
as in fact, " there is nothing new under the sun." I have no 
doubt the same hypotheses have been adduced many times 
and again ; and, if they have not been adduced, I am sure they 
have been conceived. It has occurred to me simply, that by 
bringing them forward on the occasion of the opening of 
a new session of the Royal Historical Society, I might 
revive a note that, at all events, has long time past been 
silent, and thereby elicit from you a deeper and more certain 






A BELIEF in his divine right, with the acceptance of Arch- 
bishop Laud's doctrine that the concomitant of religious 
unity was uniformity in worship, led Charles I. to provoke 
those hostilities which brought him to the scaffold. At the 
Reformation the Scottish Church adopted the Genevan 
system of government, which dispensed with bishops and a 
liturgy. Upon it James VI. ingrafted a modified episcopacy, 
and Charles determined to complete its uniformity with the 
Anglican establishment by forcing on it canons and a liturgy. 
According to royal order, a service-book, prepared by Laud 
and others, was, as a commencement, used in St. Giles" 
Church, Edinburgh, on the morning of Sunday, the 23rd 
July, 1637. Archbishop Spotswood, Chancellor of the king- 
dom, occupied the throne ; the Bishop of Edinburgh, David 
Lindsay, sat in the pulpit ; and Dr. James Hannay, Dean of 
Edinburgh, presided at the reading desk. As the last com- 
menced to read from the service-book, murmurs of disappro- 
bation became audible. A female who sat near the? com- 
munion table rose from her stool, which she threw violently 
against the pulpit. General confusion ensued, and the bishops, 
unable to restore order, left the church. The country was 
aroused, and petitions against the service-book were forwarded 
to the king from every town and hamlet. Then followed the 
Tables, or Committees, which met at Edinburgh. Under the 
direction of these bodies was prepared and issued a public 


declaration or bond, known as the National Covenant. In this 
instrument the subscribers bound themselves " to adhere unto 
and defend the true religion, forbearing the practice of all 
novations already introduced in the matters of the worship of 
God, or approbation of the corruptions of the public govern- 
ment of the Church, or civil places, or power of churchmen, 
till they be tried and allowed in free assemblies and in parlia- 
ment." They further declared as follows : " We have no 
intention or desire to attempt anything that may turn to 
the dishonour of God, or to the diminution of the king's great- 
ness or authority, but, on the contrary, we promise and swear 
that we shall, to the uttermost of our power, with our means 
and lives, stand to the defence of our dread Sovereign, 
his person and authority, in the defence and preservation 
of the aforesaid true religion, liberties, and laws of the 

The National Covenant was on the 28th February, 1638, 
publicly subscribed in the Greyfriars Church, Edinburgh. In 
that city about sixty thousand persons from different dis- 
tricts of the country had congregated, and the enthusiasm was 
enormous. As the king had ceased to summon Parliaments, 
and had prohibited the Church from meeting in general 
assembly, a combination in defence of liberty, religious and 
civil, had become a national necessity. This combination was 
secured by means of the Covenant, and its general acceptance 
at once paralyzed the monarch in his attempt to govern Scot- 
land arbitrarily. 

In certain districts, especially in the north, the Covenanters 
were less popular than the king. At Aberdeen the deputies 
who brought thither the Covenant were vigorously resisted. 
Of the proceedings attending the occasion, and of events arising 
therefrom, circumstantial relations have been preserved in two 
well-known contemporary narratives, Spalding's " Memorable 
Transactions," and Mr. James Gordon's " Scots Affairs." To 
these is added the present "Rehearsal," which, though not 
unknown to modern writers, is now for the first time printed. 
The "Rehearsal" forms part of the MSS. of Robert Mylne, 


preserved in the Advocates Library. The folio volume, which 
contains it, is on the title-page thus inscribed, " Sir Ludovick 
Steuart, of Kirkhill, Advocat, his collectiones. He was 
great-grandfather to Lady Margaret Cuninghame, Countess 
of Lauderdale. With several valuable additiones of Bulls, 
Charters, etc., efter page 351 : all preceding that page being 
Sir Lewis' collectiones, and the rest out of the valuable col- 
lectiones of Mr. Richard Hay, channon regular of the Abbey 
of St. Geneve in Paris, France, and pryor of St. Peirmont 
a most worthie gentleman of Scots extraction well known 
by his admirable collectiones. Ex manuscriptis Roberti 
Mylne, Scribae." 

As the "Rehearsal" commences at page 420 of the MS. 
folio, it must have been transcribed from the collections of 
Canon Hay, which follow page 351. The writer is described 
"as a friend of Dr. Alexander's at Aberdeen." In 1645 there 
were resident at Aberdeen three persons of some prominence, 
John, Richard, and Alexander Alexander. Along with the 
magistrates and others, these persons met at Aberdeen on the 
7th March, 1645, to concert measures whereby the Marquis of 
Montrose might be induced not to bring into the place his 
army, which was then encamped in the vicinity. Four com- 
missioners were appointed to wait upon the Marquis, one of 
whom was " Mr. John Alexander." * This gentleman is, in 
the Burgh Records, described as " advocate in Edinburgh/' 
and is represented as petitioning the Town Council to grant 
him a portion of ground, which George Jamesone, his father- 
in-law, had held in life rent."f* He was one of the three hus- 
bands of Mary, daughter and heiress of George Jamesone, the 
eminent painter. His son, Cosmo Alexander, attained emi- 
nence as an engraver ; and his grandson, John Alexander, was 
the celebrated painter. 

Mr. John Alexander was probably that "Doctor Alex- 
ander " whose " friend " is said to have composed the " Re- 
hearsal." The designation of "Doctor" may have been 

* Records of Burgh of Aberdeen, p. 43. t Ibid, p. 40 


granted him by one of the colleges at Aberdeen in tribute to 
his professional learning. Along with others of the name at 
Aberdeen, he was related to the family of Alexander of Menstry 
which produced the celebrated poet and statesman, Sir William 
Alexander, Earl of Stirling. On the 8th August, 1672, 
Alexander Alexander, bailie in Aberdeen, was admitted an 
honorary burgess of Stirling;* of that town, the Earl of 
Stirling, and his sons,t were honorary burgesses, while several 
members of his family traded in the place. To the connexion 
subsisting between the author of the " Rehearsal " and 
" Doctor Alexander," we doubtless owe the information, sup- 
plied by our chronicler, and which is not to be found else- 
where, that two sons of the Earl of Stirling accompanied 
John Gordon, Lord Aboyne, when in 1639 he sailed into 
the roads at Aberdeen with three ships of war to resist the 
upholders of the Covenant. Though the Earl of Stirling was 
much attached to the king, and had secretly aided the intro- 
duction of episcopacy in the Scottish Church, he was un- 
desirous of openly breaking with the Presbyterians, and 
hence was careful to conceal that his sons were actually in 
arms for their discomfiture. 

As the author of the " Rehearsal " conceals his name, and 
is known only as " a friend of Doctor Alexander's," it would 
seem that, like the Earl of Stirling, he had avoided giving 
offence to either of the ecclesiastical parties. Like the Earl, 
too, he was a keen partisan of royalty, and a secret upholder 
of prelatic worship. Not improbably Doctor Alexander was 
himself the chronicler. 

By Canon Hay, or a former transcriber of the MS., the 
writer is described as having " collected " his facts, but the 
chronicler himself intimates, with reference to certain occur- 
rences in the year 1638, that he was " both ane eye and ear 

* Burgh Records of Stirling. 

t Henry and John, the third and fourth sons of Lord Stirling. His two, 
elder sons, William Lord Alexander and Sir Antony Alexander, died 
prior to Lord Aboyne's cruise ; the latter on the- I7th September, 16374, 
and the former on the i8th May, 1638. 


witnes to them." This declaration should, we think, extend 
to all the events set forth as occurring at Aberdeen from 
1638 to 1640. 

In estimating the narrative historically, it must be borne in 
mind that the chronicler is an acknowledged partisan one 
who entertained a strong hostility towards those whose 
doings he is at pains to record. Of the chroniclers of the 
period, the majority espouse the opposite side, and it is well 
that both parties should be heard. The utterances of bigotry 
help in determining the spirit and character of an age. 
During the sixteenth century Scottish ecclesiastics and others 
inveighed fiercely at each other. 

Though concealing his identity, the author of the " Re- 
hearsal " had evidently intended a publication, for he addresses 
himself to " the reader." But he did not intend to mislead by 
any affected neutrality. Referring to two eclipses of the sun 
and two of the moon which took place in 1639, he adds, 
" The fifth eclipse was that of the glory and liberty of Scot- 
land by the overflowing flood of the Covenant." He affirms 
that the Parliament of 1639 decreed that its military leader, 
Major-General Monro, should plant the Covenant with an 
army composed of "adulterers, drunkards, and thieves," to be 
nominated by the parochial clergy, and that the General 
Assembly of the same year resolved to imprison the persons 
and wreck the houses of all bishops who did not conform. 
Notwithstanding these and other extravagances, the " Re- 
hearsal " forms a record not without considerable value to the 
annalist and the historian. 


In the year of God 1635 there was no matter of great im- 
portance that did fall out except the death of Patrick Forbes, 
Bishop of Aberdeen, the 28th March, who had a great buriall. 
In his tyme printing first begane in Aberdein, the bridges of 


Dee and Don were repaired, the two colledges were amplified, 
the bulhvork fortified, all the streets calsied, the Tolbooth 
steiple built, the back house built, the great bell refounded, 
twelve cannons brought home to the castell hill, the great 
calsie mouth taken up and calsied new, the Trinitie Hospitall 
builded be the crafts and their patron, Mr. William Guild 
Sir Paule Meinzies being provost at this tyme. In this year, 
about the beginning of January, ther came on ane great 
storme of snowe, and did continue till the midst of Lentron,* 
for vpon the seavinth day of March people wes crosseing the 
river of Dee upon the ice. This winter the most pairt of the 
sheep of Scotland died by reason of the great storme of snow. 

In the year 1636 many things did fall out. But y l year y 1 " 
were seaven ships and barks caried out of the harbour to the 
sea, and all were lost, amongst whom y r was a ship full of 
souldiers. This fell out at the tyme of Cowan fair in October. 
ThePuritanes this year, who afterward wes called Covenanters, 
had some quiet meittings. 

In the year 1637 there is not any thing remarkable worthy 
of the speaking except those Puritanes who were sitting in 
some quiet places at their meitting about the matter of the 
Covenant [which] in tyme and place shall be set down. In 
the year 1638 ther is much to be wrytten and farr more 
spoken, for this year the Covenant was subscryved at Edin r , 
to the great mischeife of all Scotland, England, and also 
Ireland. The ringleaders were the Earle of Argyle, the 
Earle of Rothes, the Earle of Montrose, the Lord Loudon, 
the Earl of Louthian, Sir George Stirling of Keir, Sir W m . 
Douglas of Cavers, Sir Henry Wood of Bonnytoun, John 
Smith, the Provost of Edin r , Mr. Robert Barcklay, Provost of 
Irvine ; Mr. Alex r . Henderson, Mr. David Dickson, Mr. 
Andrew Cant, Mr. Robert Douglas, Mr. Andrew Ramsay, 
Mr. Rollock, with many more of the nobilitie, barrons and 
ministers and burgers of evry citie. These men forsaid and 
many more having subscryved the said Covenant, they broke 
up the meitting, and every ane of them went to his own home 
* Spring : the time of Lent. 


to sie how many he could deceave with it, for they rode and 
ran throughout Scotland in such ane intyceing way that the 
lyke wes never read of. For that year there came of that 
Covenant, factiones to Aberdein, the Earle of Montrose (who 
afterwards repented all that work), the Lord Arhuthnot, the 
Laird of Morphie, the Laird of Dune,* with the Laird of Leyesrf* 
and many other barrens and gentlemen, with Mr. Andrew Cant, 
Mr. David Dickson, Master Alex r Henderson, ministers. These 
men, because they could not get entress to our church to preach, 
they went to the Earle of Marshall,! his close on the castle 
gaite, and preached three sermons upon Sunday (about the 
end of July), where they had such intyceing sermons for the 
common people that after ages will not beleive it. I was 
both ane eye and ear witnes to them, for at that tyme they 
were so cryed up and dotted on that the laird of Leyes (vther- 
wayes ane wyse man) did cary Mr. Andrew Cant his books ; 
yet at that time there wes but very few that subscryved but 
only fourtein men. Their names are Provost Lesley, ane 
ring leader, but afterwards he did repent it, as shall be declared 
in tyme and place ; Alexander J affray, Alexander Burnet, 
Andrew Burnet, elder, with some others, but not of great 
qualitie, for at this time, good reader, thou shalt understand 
that there were worthy preachers in Aberdein as Brittain could 
afford. Ther names were Mr. Robert Barren, Mr. James 
Sibbald,|| Mr. Alex r Ross.H Mr. Wm. Guild** was lyke the 

* John Erskine of Dun. f Sir Thomas Burnet of Leys, Baronet. 

J William, seventh Earl Marischal. 

Mr, Robert Barron, Professor of Divinity in Marischal College, 
Aberdeen, and subsequently bishop-elect of Orkney. 

|| Mr. James Sibbald, one of the ministers of Aberdeen, was deposed 
by the General Assembly, for preaching Arminianism and refusing to 
subscribe the Covenant. 

Tf Mr. Alexander Ross was minister of the third charge of Aberdeen ; 
he eagerly opposed subscription to the Covenant, and corresponded on 
the subject with Archbishop Laud. 

** Mr. William Guild, minister of the second charge, Aberdeen, sub- 
scribed the Covenant with limitations. He became Principal of King's 
College, Aberdeen, in 1640. 


weather cock. He did returne at the first sermon that ever 
he heard of the Covenant. Lykewyse in Old Aberdein ther 
wes Mr. John Forbes,* laird of Corse, a man of singular good 
life, and Mr. Alex r Scroggie.f Thir men forsaid had many 
disputs with the Covenanters, for they wrote amongst others, 
to witt, thes plyes, replyes, duplyes, triplyes, and quadruplyes.J 
But in all thes disputs the Covenanters came so short to the 
ministers of Aberdein, as ane gramarier to a divyne. 
After this they went through all the north with thir barrens 
afoirsaid, and many more that joyned with them, through 
Murray, Ross, Sutherland, and Caithnes, making the people 
beleive that the king was to bring in poperie and the mass, 
and that the king wes to take the kirklands or abbacie || land 
from them that had them in heretage, quhilk were all manifest 
lyes. This year these new Covenanters did nothing but 
persuade the people to subscryve that Covenant. About the 
end of August the king sent the Covenant that wes sub- 
scryved, in his father King James' tyme, in the year 1580, 
1581, to the Marquis of Huntly, when he came to Aberdein, 
and caused it to be read publictlie at the cross, and many 
noblemen and barrens and people of all ranks subscryved 
it. Ther came at that tyme the Lord Frazer, the Lord 
Forbes, the Lord Crichton, with ane number of barrens of 
the Covenant syde, and took protestation against the king's 

* John Forbes, D.D., was some time Professor of Divinity in King's 
College ; he was afterwards minister of Greyfriars Church, Aberdeen. 

f Mr. Alexander Scrogie, minister of Old Machar, vigorously opposed 
the Covenant, and on this account was deposed by the General Assembly 
in 1640. He afterwards offered to subscribe it. 

J To the " Replys and Duplies," against the Covenant, Mr. James 
Sibbald, of Aberdein, was a prominent contributor. 

A teacher of grammar or schoolmaster. 

|| By the counsel of Sir John Scott, director of the chancery, Charles I. 
contemplated, early in his reign, to assume possession of the church lands 
in Scotland, in virtue of his prerogative. The proposal producing much 
discontent, was departed from ; but the holders of church lands ceased to 
entertain any confidence in the throne, a circumstance which naturally 
tended to the general acceptance of the Covenant and the downfall of the 


covenant, for after this matters did ly very calme till the nixt 
year, except their ploting against the king and his pairtie. 
This year wes ane very dry year, for about the end of 
August all the cornes in Scotland were within the yeards. 

In the year 1639 thes Covenanters forsaid in the beginning 
of the year, rinding that the conspiracie was drawen up (I 
should have said drawen out), begane to hold their meittings, 
which at that time were called Comitties, did raise horsemen 
and footmen throughout all the north, south, and west 
countries, for at this tyme there wes ane called Generall 
Lesley, of obscure birth ane bastard,* being brought up 
in the King of Sweden's armie in Germany ; ane other 
called David Lesly, son to the Lord Lindores. Thir men 
being for the Covenant, took the guiding of the army that 
wes raised in Scotland, and led their army through all 
Scotland, forceing men to subscryve, so at length they 
came to Aberdein accompanyed with the shyres that did 
ly nearest the north : to witt, the shyres of Stirling, 
Clackmanan, Perth, Fyfe, Angus, Mearnes, and all their 
associates in the north, about the number of ten thousand 
men. (This winter was the fairest that was in Scotland this 
many years.) This army came to the Bridge of Dee in the 
midst of March, and set ther camp on the Tulloch hill the 
first night ; on the morrow they led their army through 
Aberdein in such a grandour that wes admirable bot for no 
other purpose bot to terrific the inhabitants therof, and then 
went to the links where the Earle of Marshall Forbes, Frazer, 
Crichton, and all the northern barrons mett there with their 
forces of horse and foot. And all thes men came for no other 
purpose or intention bot to plunder Aberdein becaus they 
wold not goe on in the wars of the Covenant with them. 
After this they marched to Kintoir to sie if they could take 
the Marquis of Huntlie, who was lying at Inverury with a 
small pairty for the king. But the Marquis of Huntlie not 

* General Alexander Leslie, latterly Earl of Leven, was not of illegi- 
timate birth. He was son of Captain George Leslie of Balgonie, by his 
wife Anne, daughter of Stewart of Ballechun. 


having order from the king to fight with them, nor of himselfe 
desyreous of blood, did parlie with Generall Lesley, and after 
dismissed his forces. But Lesley not keeping condition to 
the said Marquis, sent him to Edinburgh, where he was put 
in the castle, and remained till Junij that the king came to 
Berwick and pacified the troubles in Scotland for that year 
(as after shall be declared in its own tyme and place). When 
the army went to Kintoir, as wes befoir declared, there wes 
two thousand of their best men brought into Aberdein upon 
frie quarter and to cast in our ditches, for in the begining of 
this year there was one Collonell W m Johnstoun, son to 
Robert Johnstoun, Laird of Crimon,* who wes weill ex- 
perienced in warlike affairs, being born in Aberdein, and 
fearing the danger and thinking to have gotten supplie from 
the king out of England, did draw ane ditch about the toun. 
The spring tyme being very fair, the people of Aberdein was 
so willing that within twentie dayes they did cast out all the 
ditches. This two thousand men forsaid forced the tounes 
people to cast them all in againe. At this tyme many of the 
speciall men of Aberdeen left it and went to Holland, and 
for England, and some of our ministers, specially M r . Robert 
Barren, who dyed at Berwick. 

All this tyme Argyle brought doun all his lairds and out- 
laws out of his Africa to Aberdein, who were the first 
plunderers in Scotland. The Libians in Africa were not so 
savage as they in all things they took but especiallie iron 
work, for indeid afterwards they gott their fill at Inverlochie 
(as sail be declared in its own tyme). When Generall 
Lesley and his army had over-rune all the north of Scotland 
because they wold not joyne in the Covenant with them, they 
returned to the south againe loaded with spoyle and plunder, 
especiallie the Dundie men, who wes so furiously set against 
Aberdein, that if they had gotten way they thought it good 
service to have killed every creature in it. But, thanks be to 
God, they were disappointed, for the drink they had brewin 

* Robert Johnstone, of Crimond, was Provost of Aberdeen (" Gordon's 
Scots Affairs," ii., 257). 


for Aberdein, they did drink of it themselves, as hereafter 
shall be declared. Generall Lesley having dismissed his 
northland army, he raised all Scotland beyond the Forth 
river from east to west, and marched to Dunselaw, and there 
set doun his camp and lay waiting the king's coming from 
England, being about the number of 30,000 men. They were 
so furiously set for the Covenant that every man ran willingly 
of his own accord. 

The king all this tyme marching with his army at length 
came to Berwick in Junij, not to enter in blood bot to sie if 
he could get matters settled in a calme way. But nothing 
could work with the Scots except they gott all their will, 
quhich in end they gott. The king seing nothing wold move 
them to peace, he drew out his forces to the feild, quhilk wold 
have bein about 20,000 weill furnished men, for first he put 
furth the Earle of Holland, they [took the] way to Kelso with 
4,000 horsemen to cross the river and come doun to try the 
Scots. But he not being honest, or ane coward, was resisted 
be Collonell Monro, who had with him 1,200 footmen, being 
set at the back of ane long dyke and gave him ane volley of 
shot* befoir he came within halfe ane myle, turned his horse 
head againe and came back to the king to the army, and 
reported that east and west of Scotland wes full of men. 
This strucke such ane fear in the hearts of the king's army 
that within ane night or two, many of them stole away, so 
the king seing nothing to content the Scots bot blood, or 
them to have their wills, commissioners wes set out on both 
sydes. But nothing to the purpose quhilk wes upon the 18 
of Junij. So at length the king gave them all their desyre and 
dismissed his army, and the Scots returned to their severall 
dwellings. In this meane tyme, when the king wes at 
Berwick, the Marquis of Hamilton wes put forth to the sea 
with ane fleit of ships and 10,000 men weill appointed to land 
in Fyfe. But he, delaying the tyme to sie what the king 
wold doe, landit not his men, but keeped them in the ships 

* This " volley," in connection with the affair of Dunse Law, is omitted 
by contemporary chroniclers. 


untill many wes sick and some dyed. Ther wes at that tyme 
sundrie noblemen and officers of Scots men, who being grieved 
at the Marquis of Hamiltoun, that wold not land his men nor 
act any thing, and they being suspicious he not being honest 
in the king's business, left him and came to the Road of 
Aberdein with three war ships. And they rode there till they 
saw occasion to land, as after shall be declared. The names 
of these were James Gordon, Lord of Aboyne, second son to 
the Marquis of Huntly, the Earle of Glencairne, two sons of 
the Earle of Strivling, the lord of Tillibairne, with two sons 
of the laird of Drums, elder and younger, the laird of Federet, 
and many of Aberdein's men, who had fled away in March. 
Among whom wes William Cuthbert and Collonell Gune, ane 
Stranaver man borne,* Captaine Nathaniell Gordon, two 
Captaines James Gordon, one of them called Tineleg, loseing 
his leg in England, with some ministers who afterwards 
turned vehement for the Covenant. Now we returne to our 
affairs in the north cuntry. After that Generall Lesley had 
broken condition to the Marquis of Huntley and carried him 
prisoner to Edinburgh, the rest of the northland Covenanters 
did begine to insult the king's pairtie, that in some quiet 
places remained behind Huntley. The leader of the Cove- 
nant faction was the Earle of Marshal ; how being he wes 
long in puting his hand to it, yet he turned more cruell than 
any who was in at the begining. The lord Eraser, the lord 
Crichtoun, the lord Forbes, the laird of Towie, the laird of 
Delgettie, the laird of Cragivar (that famous oppressor), 
they, I say, with all their followers, but especiallie the Buchan 
men, with the laird of Ludquharne, did convein at the toun of 
Turreffe, and thinking to goe through the land as Generall 

* Colonel Gun was son of John Gun Robson, and was a kinsman of 
the Earl of Sutherland ; he was born at Westergarthie in Sutherland. 
In 1639 he was knighted at Berwick by Charles I., and was subsequently 
appointed a gentleman of the king's bedchamber. He early attained 
distinction in the German wars, and having returned to Germany, was 
promoted as major-general and constituted a baron of the empire. 
Gordon's " Scots Affairs," ii., 266, note. 


Lesley did, was surprysed by ane pairtie of the king's. The 
leaders therof being the lairds of Bamfe, Haddo, Gight, Park, 
Collonell Johnstoun, with diverse others, came to the toun of 
Turreffe be the break of day, and having beset the toun 
befoir they were aware of, gave the Covenanters a charge, 
who all fled without stroak of sword.* This was about the 
begining of May. The most pairt of all the comons of 
Buchan did cast their armes from them, yet many being 
taken with little blood, were sent to their homes, being 
sworne not to ryse in that cause againe. But never one word 
performed when occasion offered, because the ministers gave 
them a pardon for all others against the Covenant. After this 
the king's pairtie did convein more forces ; then they marched 
towards Inverurie, and came to Aberdein, and resting there 
two dayes, they marched southward. The shyres of Mearnes 
and Angus, not able to encounter them, agreed upon thes 
termes, that the king's pairtie should march to their dwellings, 
and the Covenant pairtie swear not to come north againe. 
But never ane word keeped ; for as soon as the king's pairtie 
was dismissed the other pairtie conveined. To witt, the 
Covenanters from all quarters of the countrie, and came to 
Aberdein, about 6,000 men, the Earle of Montrose being the 
Generall, accompanyed with the Earle of Marshal, the Lord 
Fraser, and all the noblemen and gentlemen and comons in 
Angus and Stormond. The Earle of Athole and all his men, 
with all the power of the Covenanters of the north, and being 
in Aberdein alwayes upon frie quarters, did put in all their 
horse amongst the young bear and destroyed it all, and 
marching from Aberdein they went to Gight, and laid seige 
to the house, but prevailed nothing against it, for in the mean 
tyme there came from the Marquis of Hamiltoun the men 
befoir spoken of, to witt, Glencairne, the Lord of Aboyne, the 
Lord of Tillibairne,and the rest of the foir-named persons. They, 
I say, coming to the road of Aberdein with two ships of war 

* This is a very imperfect account of the affair of Turriff. See 
Gordon's " Scots Affairs," 256 259, and Spalding's " Memorials," ed. 
1829, p. 112. 


and a Collonel, did strick such ane fear and terror in the 
hearts of the Covenanters that they all forsook the Castle of 
Gight and marched back to Aberdein within three days, 
leaving nothing behind them but the dolefull-spectacle of their 
plundering foresaid. The Athole men, hearing of the king's 
ships comeing to Aberdein, marched home the nearest way 
through the countrie, for the most part of them was for the 
king in their hearts. The rest of Montrose's army comeing to 
Aberdein rested one night, but on the morrow they were 
stroak with such a panick in their hearts that they fled south 
without any kind of order, for the Earle of Montrose's colores 
wes sein caryed out at .Provost Jaffrey's, his back yeat, without 
a man to guard them. After their departure, the Lord of 
Aboyne, with the rest of the noblemen and captaines and 
gentlemen landit, and went to Straboggie, his father's dwelling, 
and there met with his friends and others, who were for the 
king, and did raise all the power they could, seing the fruit of 
the Covenant did repent and joyne with the king's pairtie, 
and marched to Aberdein, where the toun joyned to them 300 
of the gallantest young men in the citie. They might have 
raised many more, bot many had turned to the Covenant. 
The lord of Aboyne being generall, had his rendezvous at 
Muthill in the Mearnes, at the laird of Leye's castell, being 
about 6,000 men. and from thence marched to Megrahill 
above the toun of Cowie. And there the army being drawn 
up in battell array, Collonel Gune being commander of the 
foot, and Collonel Johnstoun of the horse, this Collonel Gune, 
being a traitor, led the foot army befoir the face of the 
enemie's cannon, the enemy being camped in Stonhyve, and 
having with them twelve feild pieces and tuo cartows, their 
bullets weying thirty-two pounds weight. These cartows bullets 
lighted among the Lord Aboyne's highland men, and they 
not being accustomed with the noyse of the canons, retired 
back. By no means could they be got into any order againe, 
bot all went home with the countrie cattell and sheep, for it 
is their custome to spoyll when they goe home from battell. 
The Lord of Aboyne with the rest of his army retired back 


to Aberdein, where all the Strathbogie foot men went home 
and there remained nor wald move but a few barrens and 
gentlemen, who were horsemen. This shameful runing away 
at Megrahill* was upon the 15 day of Junij. The Covenant 
pairty of the south seing them rune away without any skaith 
receavit, took such courage and came to the Bridge of Dee 
upon Tuesday thereafter, the 18 day of Junij, being in 
number about 4,000 men. The toun of Aberdein, seing 
themselves left of all the king's pairtie, except the Lord of 
Aboyne and some few horsemen, and knowing the hatred 
the Covenanters had to them, the citie went to the said 
Bridge of Dee very couragiously, about 500 men, Collonell 
Johnstoun, their commander, with two little feild pieces, and 
having gotten possession of the bridge, withstood the Cove- 
nanters, who had ther fourteen cannons, and defended the 
said bridge most stoutlie untill, unfortunatly, Collonell 
Johnstoun receaved ane great stroak with the cannon bullet 
on the knee, who, not being able to stand, was forced to retire 
himselfe from the bridge, and Nathaniell Gordon entred his 
place, and acted his pairt worthilie, while in the end Aberdein's 
men being few in number and the other pairty many, and 
strong by reason of their great cannon and the loss of Collonell 
Johnstoun, and ane unhappie bullet coming from one of the 
cartows killed the Laird of Pitmedden,f the rest of the horse- 
men being terrified hereat fled, being still suspicious of 
Collonell Gun, he drawing up the horsmen still in the face of 
the enemy. They had intelligence what they were, and seing 
to be but few, gave such an assault to the bridge, that they 
wan it, John Midletoun being their captaine, for this was the 
first exployt that ever he did.J The bridge being wone, 
every man made releife for himselfe as he could doe best. 

* For a detailed account of the skirmish at Meagre, near Stonehaven, 
see Gordon's " Scots Affairs," ii., 272 4. 

f John Seton of Pitmedden. 

J John Middleton afterwards deserted the popular cause, and attached 
himself to the king's party, when he was created Earl of Middleton. On 
account of malversation, he was latterly deprived of his public offices. 


Upon the Covenant syde ther were divers killed, whom they 
buried in the mosses beyond the bridge, among the rest 
Mr. Andrew Ramsay,* brother to the Laird of Bomaine 
[Balmain]. On the king's syde ther was but few killed, 
but divers hurt and wounded. The Covenant pairtie, after 
the bridge was wone, marched directlie to Aberdein, the 
people being afraied the most pairt fled, Montrose and 
Marshal being possest of the toun. Be Marshal, his perswasion 
was myndful to have plundered it, and then to have set it on 
fire. But Montrose, being a nobler spirit, wold in no terms let 
burne it, bot both was willing to have plundered it if tyme 
had served, for the day being far spent and drawing toward 
night, they quited the toun that night and marched to the 
links. And in the morning the noblemen and barons and 
lairds and leaders [intended] to have fallen upon the best 
houses and then given all the rest of the spoyle to the 
souldiers. But the Almighty God, ordering all things as it 
pleaseth Him, did change the course another way, for upon 
the morrow about two hours there came to the road one John 
Straquhan.f with orders from the king that they should cease 
from that cruell persute of theirs against his pairtie in the 
north. Lykewayes did show the aggriement betwixt the 
king and the Covenanters at Dunselaw. This army at Aber- 
dein, seing themselves dissapoynted of their intention, forced 
the toun to give them 10,000 merks Scots to fill their purses. 
Ther was at this tyme in the Covenant army one William 
Erskine, brother to the laird of Pittodrie, one of the cruellest 
oppressors that ever was read of, especiallie against Aberdein's 

* According to Mr. James Gordon, Captain Andrew Ramsay was killed 
by John Gordon, of Inshstomock, "with a marked shot." Gordon's 
" Scots Affairs," ii., 279. 

f John Strachan, son of a sea-captain at Aberdein, was an officer in 
the Royal Navy ; he zealously attached himself to the royal cause. He 
was employed by the king in several important services both on sea and 
land. Spalding's Memorials, passim. 

I By Mr. James Gordon the skirmish at the Bridge of Dee is circum. 
stantially described." Scots Affairs," ii., 276 283. 

B B 


men ; but God, who takes a course with such men, did so 
with this man, for Mr. Andrew Ramsay forsaid, being brought 
to Aberdein, was buried upon the morrow after the wining of 
the bridge. The church yaird being set full of musqueteirs to 
shoot when he was to be interred, a bullet sent be God did 
knock out this Erskine's brains, and this was the end of that 
cruell oppressor.* The army for the Covenant marching 
home left nothing be the way, but as a speat did cary all with 
them. This wes the planting of the Covenant that year in 

This year, Feberwarij, the Marquis of Huntley had a meit- 
ting of all the men that was for the king in the north. About 
5,000 gallant horsmen did march to the toun of Turreffe, for 
at this tyme the Earle of Montros, with ane pairtie of the 
Covenant, was in that toun, but Huntley, not having orders 
from the king, dismissed that pairtie, not acting any thing 
worth the speaking of. This year the Covenanters . having 
departed home from Dunselaw, and the king returning to 
London with sundrie noblemen of Scotland, who had bein 
prisoners in Edinburgh, did begin to hold their committies in 
divers places concerning the propagating of the Covenant. 

They ordained ane General Assemblie of the Kirk to be 
holden at Glasgow in August. The Assemblie being con- 
veined, it was ordained that all bishops within the kingdome 
of Scotland that wold not quit their charges should be 
summarly excommunicat, and then to be apprehendit and put 
in prison, and their dwellings to be plundered and casten doun. 
In this Assembly it was ordained that if ane kirkman did 
speak any thing against their proceidings he should be 
summarly excommunicat before his own face. This wes the 
affairs of Scotland this year. In this year there wes four 
eclipses, two of the sun and two of the moon. The fifth 
eclipse was the glory and liberty of our kingdom of Scotland, 
by the overflowing flood of the Covenant. In the end of this 

* William Erskine was unpopular, and was no doubt shot by an 
enemy. William Anderson, a goldsmith, was charged with his murder, 
but was acquitted. Gordon's " Scots Affairs," ii., 282. 


year the Committee of Estates did hold their meitting at 
Edinburgh, where they did choose Mr. Robert Monro, ane 
Ross man, borne to be comander of ane partie, and gave him 
the styll of Major-Generall,* and to list ane regiment of men, 
to witt, sex or eight out of every parish, and thes wes 
adulterers, furnicators, theives, murderers, drunkards, Sabbath- 
breakers, who were given up be the minister of every parish, 
and these were to plant the Covenant through Scotland. 

1640. In the beginning of this year the forsaid Covenanters, 
having all things under their feet, did hold their comittees 
without any interuptione, and did sett this Major-Generall 
Monro in great pomp, and he, thinking no less of himselfe, 
did hold his rendezvous about Haddingtoun, Edinburgh, and 
Glasgow, and some other places where the ministers and the 
heritors of the parishes did bring or send the foirnamed 
persons, and being conveined to the generall rendezvous at 
Musselburgh, did march towards the north, and at length 
came to Aberdein in the end of the month of May, and there 
did quarter his men, being about 800. There they did remaine 
till the end of Junij ; until grass and corn were grown up in 
the end of Junij ; he plundered Aberdein of all the armes 
that wes within it, forcing every man to swear what he had, 
and then taking a number of Aberdein men with him he came 
to the laird of Drums Castell, and there did lay ane seidge to 
it His own tennants defendit the castell stoutly for three or 
four dayes ; bot in the end they were forced to surrender and 
leave all their armes behind them, and Monro did put in ane 
garrison therein.! After that returning to Aberdein, resting 
his men some few dayes, he upon ane Sunday at night drew 

* Colonel Robert Monro was a distinguished officer in the army of 
Gustavus Adolphus. Recalled by Charles I., he espoused the cause of 
the Covenanters, and accepted a command on their behalf. He after- 
wards held an important command in Ireland. His " Expedition " in 
Sweden, a folio volume published in 1657, suggested to Sir Walter Scott 
the character of Dugald Dalgetty. 

f The siege of Drum Castle, the residence of Sir Alexander Irvine, is 
described by Mr. James Gordon more circumstantially. Sir Alexander 
Irvine was absent at the time of the siege. " Scots Affairs," iii,, 197. 


orth his whole men out of the toun, and took all the poor 
abourers' horses, went to Strathbogie and Enzie, and to 
Auchindoun, and plundered all that land, except such as fled 
or escaped to the highlands or hifls. Nevertheless he did fyne 
all the free holders and woodsetters of the name of Gordon, 
and others, who had been for the king the year befoir. After 
this he crossed the river of Spey to Spynie, the Bishop of 
Murray, his residence,* and deceaving the porter, got entrance, 
when he took the bishop and all his treasure, and carried him 
south, prisoner. After the taking of the bishop, he went to 
Ross, his own countrie. His friends gave him 200 High- 
landers to help to plant the Covenant, and then returning 
southward he came to Banffe, where he set his camp in the 
midst of the Earle of Airlie, his corns, and destroyed them all, 
and did cast doun the lord of Banffe's palace.f Good reader, 
all this tyme he was accompanyed with the Forbess, Frazers, 
the Lord Crichton, the Earl of Marshal, and all his friends, 
and all the Covenanters of the north. After he had waisted 
all the Earle of Airlie's and the Lord of Banffe's lands, he 
marched south and came to Aberdein, and there remained 
untill he forced the merchants to give him so many elns J of 
lining and small hardin as wold be shirts for his souldiers, not 
paying any thing for it, except the publics bond. Thus, when 
he had exacted so great soumes of money from these barrons 
and frie holders that had been for the king, and disarmed all 

* Spynie Castle was the official residence of Mr. John Guthrie, Bishop 
of Moray, who had declined to obey the sentence of the General Assembly 
of 1638, depriving him of office. His expulsion from Spynie Castle by 
Major-General Monro, at the instance of the Church, took place on the 
1 6th July, 1640; he was subsequently imprisoned at Edinburgh. He 
latterly purchased the estate of Guthrie, in the county of Forfar. " Fasti. 
Eccl., Scot," iii., 451. 

t The owner of Banff Palace was Sir George Ogilvy. Mr. James 
Gordon presents a circumstantial account of Monro's defacement of the 
palace, and of the beautiful gardens attached to it. According to Gordon, 
Charles I., in 1641, presented to Sir George Ogilvie 10,000 marks to 
repair his loss. " History of Scots Affairs," iii., 253. 


Aberdein, he marched south, and came to the Merse, where 
he quartered all that winter. This was Collonell Monro, his 
doings all that year in the north. The ministers this year, in 
the end of July, did hold a General Assemblie in Aberdein 
within the Greyfrier Kirk. Mr. Andrew Ramsay, minister of 
Edinburgh, being chosen Moderator, did depose the ministers 
of New and Old Aberdein, worthie learned men as wes in the 
isle of Brittaine, men of good lyfe, because they wold not goe 
in that furie of the Covenant. Ther names were Mr. James 
Sibbald, Mr. Alexander Scrogie,* Mr. John Forbes, laird of 
Corse, Professor of Divinity in Old Aberdein, with many 
ministers in the countrie. There wes given in that Assemblie 
great complaints against the Laird of Leckie, in Striveling- 
shire, for keeping his night meittings, called at that tyme the 
Familie of Love,f because there wes foull pranks played at it 
amongst young men and young women. Ther wes orders 
given out at this Assemblie to excommunicate every man, 
both kirk men and laiks, who wold not subscribe the Covenant 
and that sumarlie. It was ordained lykewayes that the bishops 
dwelling in Old Aberdein should be plundered and casten 
doun, quhilk was performed shortly be the Lord Forbes and 
his friends. Nevertheless the Bishop at that tyme called Mr. 
Adam Ballantine, ane aged man and of ane good lyfe, being 
halfe brother to the Lord Forbes be the mother ; they who 
should have bein his friends were the men did first put hand 
on him, and seized on all his house and plenishing. Escaping 
himselfe, he lived quietlie in ane husbandman's house in the 
Boyne, untill Monro and his souldiers wes gone south, 
and then the poor Bishop went to England, where he 

* See supra. 

t These nocturnal meetings for devotional exercises were conducted 
in Stirlingshire, and throughout the west of Scotland. Certain irregu^ 
larities connected with them were reported to the General Assembly by 
Mr. Henry Guthrie, minister of Stirling, and it was ordered that the 
meetings should cease. The promoters were chiefly remarkable for their 
opposition to set forms of prayer. Gordon's " Scots Affairs," iii., 222 + 


died.* The ministers who were for the Covenant did then cry 
out that he that wold not come into that blessed work of 
Reformation was assuredly damned in hell. This was the 
affairs of the kirk that year. 

In the month of Junij the Estates of Scotland, so called for 
the tyme, did raise ane levie of men throughout all Scotland, 
the fourth man to goe to England against the king ; neverthe- 
less he giving them all contentment. The year befoir old 
Lesley being chosen their Generall, David Lesley his Lieue- 
tennant Generall, the Earl of Callander and the Lieuetennent 
Generall, Sir James Lumsden Major Generall, with many 
nobles and barons of Scotland, did meit at Kelso, or near by 
and marched forward to England, and many ministers with 
them crying for fighting untill they came to Newburne,^ 
where the king had a pairtie lying. The king's pairtie, not 
suspecting the Scots army to have come so soon, was surprised, 
and diverse killed and many taken prisoners, among whom 
the lord Digbie. 


In the beginning of this year the Marquis of Huntley did 
convein the pairtie that was for the king in the north, and in 
the month of March came to Aberdein with all his friends of 
the name of Gordon (I mean the Gordons of the north). As 
for the Gordons in Galloway,! they were upon the Covenant 

* Adam Bellenden, Bishop of Aberdeen, was a correspondent of Arch- 
bishop Laud ; he was excommunicated by the General Assembly of 1638, 
and left Aberdeen in March, 1639. In 1641, he received a pension of 
;ioo from Charles I., and in 1642 was, under a different name, instituted 
rector of Portlock, Somersetshire. He died in 1647. " Fasti Eccl. Scot.," 
iii., 885. 

+ Newburn is situated five miles to the north-west of Newcastle. At 
the battle fought here in August, 1640, the Scottish Parliamentary army, 
under Major-General Leslie, defeated the king's forces under command of 
Lord Con way. 

J Alexander Gordon, of Earlston, in Galloway, strenuously opposed 
in Parliament the measures of Charles I. for the establishment of episco- 
pacy in Scotland ; he was fined 500 marks for not conforming to the 
liturgy. He died in 1653. 


syde. And there the Marquis of Huntley did ly in Aberdein 
till near the end of Appryll, desyreing the rest of the countrie 
to ryse and joyne with him. But they being blinded in the 
great work of the Covenant, wold not rise nor joyne with him, 
for at this tyme the Covenant wes so much respected that he 
might have spoken as weill against the scripture as against it. 
In the moneth of Apryll the Estates of Parliament (as they 
were called then) did raise ane great army in the south, the 
Marquis of Argyle being their Generall, with the Lord Burley 
'the Earle of Lothian and ane regiment of men that came out 
of Falkland, who at that time were called Louthian Kers regi- 
ment and marching towards the north. The first salutation they 
gave they spoyled the Laird of Drum's hous,* with all his 
lands and tenements, religion being the cloak of all for at 
this tyme the Laird of Drum younger had married ane 
daughter of the Marquis of Huntley's, being the Marquis of 
Argyle's sister's daughter, yet for all that nothing could con- 
tent him bot he wold plunder, in caice that he wold not sub- 
scryve the Covenant. But Christ gave never his disciples 
such order to plant religion with pick and musquet. After 
this, in the beginning of May, Argyle came to Aberdein, 
where all his forces did meit to witt, the Fyffemen, Perth, 
Angus, and Mearnes men, and there he did hold his Comittees, 
and called in all the gentry and free holders of the north, and 
made them pay soundly for their standing out against the 
Covenant and the Estates, and for rysing with the Marquis of 
Huntley in the king's cause, and get caution they should not 
doe the lyke in tymes to come. Now all this tyme, good 
reader, thou shall understand that that Covenant, or rather 
the men for the Covenant, did alwayes quarter frie upon 
Aberdein, for the most part of Aberdein at this tyme wes 
against the Covenant, and were called Anti-Covenanters. 
Having ended their comittees upon Aberdein expenses, they 

* Sir Alexander Irvine, of Drum, was absent on the occasion of 
Argyle's hostile visit. Having permitted his wife and the household to 
withdraw, Argyle ordered the mansion to be wrecked, which was effected 
by Irish soldiers. Spalding's " Troubles," ed. 1829, 406. 


marched north to Kellie in Buchan, the Laird of Haddo, Sir 
John Gordon, his dwelling, who at this tyme was keeping out 
his hous. Argyle and his forces laying ane seige to the 
castle, it was stoutly defendit. In the end they came to ane 
parley ; the conditions wes that he should not ryse against 
the Covenant. The man being of ane stout spirit came out 
be perswasion of the Earle of Marshal, and some of the name 
of Forbes, his near kinsmen, was deceitfully betrayed, against 
all reason, and being taken prisoner after he had rendered, he 
was disarmed, and all his men, who with the most pairt of the 
specialls was conveyed to Aberdein with ane guard, and from 
thence to Edinburgh, where, in the month of Junij, this Sir 
John Gordon of Haddo, with ane Maxwell, Provost of 
Dumfreiss, for giving quartering to ane pairtie of Englishmen 
that was for the king, were both beheaded.* Our ministers at 
this tyme were Mr. Andrew Cant-f- and Mr. John Row,:}: who 
did still cry for blood and scaffold work. The Marquis of 
Huntley in the month of Apryll, as was befoir declared, lifted 
his small army when he went the length of Rothiemay, and 
dismissed them ; and he being so hardly persewed, was forced 

* Sir John Gordon capitulated unconditionally to the Marquis of 
Argyle on the 8th May, 1644. He was some time imprisoned in the 
western portion of St. Giles cathedral, Edinburgh, and on the igth 
July was beheaded with the instrument called " the Maiden." 

t Mr. Andrew Cant was translated from Newbattle to Aberdeen in 
1641. A zealous upholder of the Covenant, he energetically resisted 
those who were opposed to it. He incurred much personal hostility 
through a natural warmth of temper, which he was not careful to sup- 
press. From his alleged insincerity, or whining manner, the term cant is 
said to be derived. He died in 1663. " Fasti Eccl. Scot.," iii.. 463. 

+ A learned divine, Mr. John Row, was successively schoolmaster of 
Kirkcaldy and master of the grammar school at Perth. In 1641 he was 
appointed one of the ministers of Aberdeen. Keenly attaching himself 
to the cause of the Covenanters, he incurred considerable odium, and 
was obliged to seek temporary refuge in the castle of Dunnottar. He 
subsequently joined the Independents. Latterly he became principal of 
King's College, Aberdeen ; he died about the year] 1672. Fasti Eccl. 
Scot., iii., 471. 

A parish in the county of Banff. 


to take the sea in a boat and flee to Stranaver,* where he re- 
mained ane year and more. His eldest son at this time, who 
was called George Lord Gordon, did not countenance his 
father nor the king's pairtie, but withdrew himselfe out of his 
father's way, and was thought to be for the Covenant, bot was 
not for it, as shall be declared in tyme and place.f This year 
the comittee men went through the countrie and made men 
subscryve bands called the Blind Band,J bot especiallie those 
that had bein for the king's pairtie. The exactors of these 
moneys wes W m Earl Marshal, and that famous man the laird 
of Cragievar, with the Lord Burley, who was at that tyme 
Governour of Aberdein || and of the north. The first of Sep- 
tember, 1644, the battell of Tippermuir, fought betwixt the 
Marquis of Montrose and the Covenanters, where Montrose 
obtained the victorie, and killed of the Covenanters 1,500 
men,U the most pairt of them being Fyfe men. The threteinth 
of September, 1644, the battell of Aberdein, foughten betwixt 

* Strath naver is a large and interesting valley in Sutherlandshire. 

t When, in 1643, his father and his younger brother, Lord Aboyne, 
stood out against the Covenant, Lord Gordon adhered to the Estates ; in 
September, 1644, he joined Argyle, who was his mother's brother. He 
subsequently deserted the Covenanters, and attached himself to Montrose. 
He fell in the battle of Alford on the 2nd July, 1645. 

" A band [bond] devised by the Estates, commonly called the Blind 
Band, which every wealthy honest man within Edinburgh, or coming to 
Edinburgh, were urged to subscribe, and ordained by the estates to be 
subscribed through all Scotland, whereby ilk man was compelled to sub- 
scribe the samen, obliging him to contribute to the good cause such a 
certain sum of money equivalent to his estate, and to the contentment of 
these persons, the presenters of the Blind Band, and no otherwise, at 
such days and places as was therein contained. 1 ' Spalding's "History of 
the Troubles," ed. 1829, p. 379. 

Sir William Forbes, of Craigievar, was a vehement supporter of the 
Covenanters ; but before his death he is said to have disapproved their 
proceedings, and to have formed a resolution of espousing the royal 

|| Lord Balfour of Burleigh. 

^[ The success of Montrose in this engagement was complete, for he 
vanquished his opponents without sustaining the loss of one man. 


Montrose and the Covenanters, where Montrose obtained the 
victory, and killed of the Covenanters 520 men, and an 180 
of Aberdein men. The leaders of the Covenant army wes 
the lord of Burley, Provost Lesley,* the Lord Fraser,t the 
Master of Forbes,! Ludovick Gordon, son to the Marquis of 
Huntley, the laird of Boyne,|| and the laird of Cragivar, that 
famous man. 

About the end of October, 1644, the Marquis of Argyle, 
with the Earle of Louthian, came to Fyvie, and beleagured 
Montrose within the wood thereof, where there wes divers 
killed on Argyle's syde. Among these wes Alexander Keith, 
brother to the Earle Marshal. After this Montrose went to 
Strathbogie, and there wes diverse skirmishes. After that 
Montrose marcht from Strathbogie and went to Auchendoun, 
and from that to Badyenock, and from that to Atholl, 
and from Atholl he went to Argyll, where he keeped his 
winter quarters. Argyle seing he could get no advantage, 
left off his persute and returned to the south, for Argyle had 
at this tyme in his army 1,500 horsemen and 5,000 footmen, 
besydes the countrie gentles where he marched through the 

The 2nd Feberwarij, 1645, the battle of Inverlochie, foughten 
betuixt Montrose and Argyle, where Montrose obtained the 
victory, and killed to Argyll about 1,600 men, among whom 
wes the Laird of Auchinbreck, with many specialls of the 
name of Campbell Argyle all the tyme being sitting in ane 
boat vpon the loch beholding the battell, where Thomas 
Ogilvie, son to the Earle of Airlie, was killed on Montrose's 

About the end of March, 1645, Colonell John Hurrie^f 

* Sir Patrick Leslie, Provost of Aberdeen, was a zealous Covenanter. 

t Andrew, second Lord Fraser. 

J Alexander, Master of Forbes, afterwards tenth Lord Forbes. 

Ludovick or Lewis Gordon, second son of the second Marquis of 
Huntly, succeeded his father, in 1649, as third Marquis. 

|| Ogilvie. 

^ The actual name of this leader of the Covenanting army was Urrie ; 
it was called Hurrie by a corruption. 


surprized ane pairtie of Montrose's men lying in Aberdein, 
where there wes but few slaine, but withall they spoylled the 
toun, where they got entres and murdered ane gallant man 
called Donald Ferquharson, of Menaltrie,thecheifeofthatclane. 

The nynth of May, 1645, the battle of Auldern was foughten 
betuixt the Marquis of Montrose and Colonel John Hurrie, 
the Earle of Sutherland, the Earle of Seaforth, with all the 
gentry of Ross and Murray, with Colonel Racket's regiment 
of horse, Louthian Kers regiment of foot, the laird of Buchan's 
regiment, with all the powers of Frasers, Rosses being about 
8,000 men, Montrose pairtie not exceeding 3,000 men, where 
there was ane great slaughter on Colonel Hurrie his pairtie, 
and if the toun of Inverness had not bein fortified, few or 
none had escaped. 

On the 2d July, 1645, the battle of Alford was foughten 
betuixt the Marquis of Montrose and General Major Baillie,* 
when Baillie lost the battell with ane great slaughter. The 
most pairt of the foot wes killed. Ther leader was brother 
to the Earle of Ca'silis, ane man of huge stature, the Lord of 
Balcarras being leader of the horse. On Montrose syde was 
killed Lord George Gordon, eldest son to the Marquis of 
Huntley, the Laird of Buchollie, the laird of Miltoune, of 
Keith, with some others of good qualitie. 

The 1 5th of August, 1645, the battell of Kilsyth, foughten 
betuixt Montrose and all the nobilitie of the Covenanters, 
where Montrose obtained the victory, the Covenanters being 
about 12,000 men, but Montrose not exceiding 4,000 men. 

The 1 3th day of September, 1645, the battell of Philiphaugh, 
foughten betuixt Montrose and David Lesley, Livetennant- 
General of the Scots Army in England, where he brought all 
the horse and dragouns of the Scots Army, and defeated 
Montrose. There wes gieat slaughter on both sydes, but 
especially on Lesley his syde ; on Montrose side it wes after 
his men had rendered in battell, Lesley did put them all to 
the sword. 

* General Major William Baillie was of the family of Baillie of 






THE patriarch of monks, St. Anthony, is one of the most 
notable saints in the Romish calendar. He was born A.D. 
251, at Coma, or Great Heracleopolis, in Upper Egypt. His 
parents, who were Christians, kept him at home, fearing that 
through bad example his manners might be tainted. When 
he was under twenty his parents died, leaving him and an 
only sister, as their inheritance, an estate, in extent equal to 
a hundred and twenty British acres.* Imperfectly instructed 
in sacred knowledge, Anthony was influenced by a strong 
religious enthusiasm. Inducing his sister to concur with him, 
he disposed of their inheritance, in the belief that he was thereby 
fulfilling the divine command. The money which he received 
for his land he distributed among the poor, and adopted the 
life of an ascetic. He did not eat before sunset, and often 
fasted for two and three days together. He subsisted on 
bread,, salt and water, abstained from washing his body, 
and clothed himself in a coarse shirt of hair. 

For a time Anthony cherished monachism in his native 
village ; he subsequently withdrew to the desert, abandoning 
human society. In A.D. 285 he crossed the eastern branch of 
the Nile, and established his abode in the ruin of an old 
castle on the top of the mountains, where for twenty years 
he indulged a rigorous seclusion. In A.D. 305 he abandoned 
his retreat at the request of a number of persons, who, resorting 
to him for advice, desired to live under his direction. He 

* Butler's " Lives of the Saints," Dublin, 1853, i., 7378. 


now founded the monastery of Faium, a group of isolated 
cells near Memphis and Arsinoe. In the year 311, during 
the persecution of Maximian, he proceeded to Alexandria to 
testify his faith, and, if needful, to seal his testimony 
with his blood. Having escaped martyrdom he returned to 
his solitude, and penetrating into the desert, found lodgment 
on a hill about a day's journey from the Red Sea. There he 
was discovered by admiring disciples, who affectionately 
solicited his return. Having piously exhorted them, he 
returned to his seclusion. 

Anthony died on the i/th January, 356, at the re- 
markable age of 104 years. The year before his death he 
performed a journey to Alexandria, to preach against the 
Arians. At Alexandria he had interviews with Athanasius, 
who became his biographer.* Among the temptations of 
St. Anthony, related by Athanasius, are these : Satan 
tried, by bemuddling his thoughts, to divert him from be- 
coming a monk. The arch-enemy next appeared to him in 
the likeness of a beautiful woman, but without disturbing 
him. Indignant at defeat, the tempter fell upon him at 
night with a multitude of fiends, and he was found in the 
morning apparently dead. The fiends at another time 
assumed the shapes of wild beasts, and so tortured him, that 
he experienced severe pain. But he upbraided and taunted 
them, and while they gnashed their teeth, a light shone into 
his cell from the roof, on which the devils became speechless. 

Before his death St. Anthony was throughout the valley 
of the Nile celebrated for his religious devotedness. His 
memoirs, by Athanasius, are commended by Gregory 
Nazianzen, and also by Chrysostom. A record of his 
alleged miracles is preserved in the " Acta Sanctorum " of 
the Bollandists. The i/th of January was, as the day of his 
death, observed as a festival by the Eastern and Western 

* " Of the Life of St. Anthony," by Athanasius, a translation is contained 
in Whiston's " Collections of Ancient Monuments," 1713, 8vo., pp. 143 


churches. He was regarded as patron and protector of the 
lower animals, especially of swine ; and in his pictures is 
represented as having a pig for his page, probably on account 
of his having lived on roots in common with the hogs of the 

St. Anthony's body was buried in secret by two of his 
disciples, and the place of his sepulchre was believed to be 
unknown. But in the year 561, during the reign of Justinian, 
his body was alleged to be discovered, and having been 
carried to Alexandria, it was there deposited in the church of 
St. John the Baptist. In A.D. 635 it was removed to Con- 
stantinople, where it remained till the year 1070, when one 
Joselin, of the House of Poictiers, transported the remains to 
Vienne, in Dauphiny, where he placed them in the church La 
Motte S. Didier. In 1089 a kind of erysipelas or contagious 
leprosy, which visited various districts of Europe, proved 
especially fatal in the province of Dauphiny. Prayers were 
offered in the church of La Motte S. Didier, before the relics 
of St. Anthony, and as the distemper ceased, the result was 
ascribed to the saint's influence. The distemper was now 
styled St. Anthony's fire, and in the year 1095 the order of 
Hospitallers of St. Anthony was instituted by Gaston and 
Girom, two noblemen of Vienne. Pope Boniface VIII. after- 
wards converted the Benedictine priory at La Motte into an 
abbey, bestowing on the members the rank of canons regular 
of St. Austin, and constituting the abbot chief or general of 
the order.* The monks of St. Anthony wore a cassock, a 
patience, a plaited cloak, and a black hood, and displayed a 
tau cross of blue on their left breast. 

In compliment to the memory of their patron, the monks 
of St. Anthony were noted for rearing pigs. According to 
Suger, in his life of Louis le Gros, quoted by Neander in his 
life of St. Bernard, Prince Philip, having been killed in 1131, 
consequent on a hog having in one of the faubourgs of Paris 
caused him to be thrown from his horse, an edict was issued 

* Butler's " Lives of the Saints," ed. 1853, i., 73, 78. 


prohibiting swine being kept in the streets ; but the monks 
of St. Anthony, offering a remonstrance, were permitted to 
continue the practice, on the condition of placing a bell round 
the neck of each pig. 

Guyot de Provins, a writer of the thirteenth century, 
remarks that the pigs of the order brought them 5,000 silver 
marks yearly, and that there was not a town or castle in 
France where they were not fed.* 

Stow, in his history of London, mentions a custom which 
in his time prevailed in the London markets. "Theofficers 
of this city," he writes, " did divers times take from the market 
people pigs, starved, or otherwise unwholesome for man's 
sustenance ; these they did slit in the ear. One of the 
proctors of St. Anthony's Hospital tied a bell about the neck 
of each, and let it feed upon the dunghills. No one would 
hurt or take it up ; but if any one gave it bread or other 
feeding, such it would know, watch for, and daily follow 
whining till it had something given it ; whereupon was raised 
a proverb, such a one will follow such a one, and whine as 
if it were an Anthony pig." 

The rites of St. Anthony are still observed in Catholic 
countries. At Rome, on St. Anthony's Day, a religious service, 
called the benediction of beasts, is performed yearly in a 
church dedicated to the saint near Santa Maria Maggiore 
The ceremony continues several days, all having animals 
sending them to obtain the pontifical blessing at St. Anthony's 
shrine. A similar custom prevails at Madrid and other 

Prior to the Reformation, the friars of St. Anthony went 
about begging, and threatened to inflict the " sacred fire," or 
erysipelas, upon those who refused their demands. To avoid 
the hazard, superstitious persons presented them with 
a fat hog annually. Pope Paul III., at the entreaty of certain 
ecclesiastics, sought to abolish this system of importunity, but 
the abuse continued. St. Anthony was represented in pic- 

* " Gordon's Monasticon," pp. 282, 283. 


tures with a fire kindled at his side, to indicate his power 
in delivering from the " sacred fire." In Italy the pea- 
santry and others believed that he preserved houses from 
taking fire, and so invoked his aid in preserving their 

The monastery of St. Anthony at Leith was the only 
house belonging to the order in Scotland. It stood near the 
present parish church of South Leith on the west side of the 
alley known as St. Anthony's wynd, and was there erected in 
1430 by Sir Robert Logan, of Restalrig, and confirmed in the 
same year by Henry Wardlaw, Bishop of St. Andrews.-j- 

At first the members did not live very peaceably together, as 
appears from a charter of Humbertus, general of the order at 
Vienne.t To the institution various churches were annexed; 
one of which, the church of Liston, was claimed by the 
chapter of St. Andrews. A hot dispute arose, which was 
terminated by Michael Gray, the Preceptor of the monastery, 
executing a deed renouncing possession of the church in 
favour of the chapter of St. Andrews. The instrument of 
renunciation is in these terms : 

" Nos frater Michael Gray preceptor domus hospitalis Almi con- 
fessoris bead Antonii prope villam de Leith Sancti Andree diocesis 
procurator a venerabili patre domino Abbate Vienensi, sui cum con- 
sensu capituli generalis dicti loci et omnium sibi pertinentium infra 
Regum Scotie specialiter deputatus ex certis et evidentibus causis 
animum nostrum ad hoc commoventibus de consensu comfratrum nos- 
trorum loci nostri suprascripti matura deliberatione prehabita vnioni 
et annexation! ecclesie parochialis de Lyston nobis et nostro loco 
prelibato per sanctissimum in Christo patrem et dominum nostrum 
dominum Eugenium papam quartum graciose factis et concessis 
juri lid et cause et omnibus inde secuds tenore presentium integre 
renunciamus. In cujus rei testimonium hanc nostram presentem 

* Emillianne's " Monastic Orders," p. 127. 

f Fundatio prima eiusdem capelle Sancti Anthonii per Robertum 
Logan de Restalrig et ab eodem Henrico (Wardlaw) Episcopo (Sancti 
Andree) confirmata 1430. MS. in Advocates' Library, 34, 3, 12 fol. 11. 

+ Spottiswoode's "Religious Houses," p. 243. 


renunciation em manu nostra propria scripsimus et pro majori rei 
evidencia sigillo nostro communi sigillanimus in capitulo ecclesie 
cathedralis sancti Andree et presentia totius capituli decimo octavo 
die mensis Martii anno Domini millesimo CCCC mo xlv t0 .* 


We, brother Michael Gray, Preceptor of the house of the hospital 
of the holy confessor Saint Anthony, near the town of Leith, in the 
Diocese of St. Andrews, Procurator specially deputed by a venerable 
father the Lord Abbot of Vienne, with consent of his General 
Chapter of the said place, and of all belonging to it within the 
kingdom of Scotland, from certain and evident causes moving our 
mind to that effect, and with consent of our confreres of our place 
above written ; after mature deliberation, have by the tenor of these 
presents wholly renounced the union and annexation of the parish 
church of Lyston, graciously made and granted to us and our place 
foresaid by the most holy father in Christ, and our lord, Pope Eugenius 
Fourth, with plea of law and all that may follow thereon : In witness 
whereof, we have written this our present renunciation with our own 
hand, and for greater evidence of the fact have sealed (it) with our 
common seal, in the chapter of the cathedral church of St. Andrews, 
and in presence of the whole chapter, the i8th day of March, 1445. 

In 1446, James Kennedy, Bishop of St. Andrews, con- 
firmed to the institution the parish church of Hailes, in 
Haddingtonshire, which had belonged to the monks of 
Holyrood. In 1482, Sir Alexander Haliday, as preceptor 
of the monastery, was heard before the auditors in Parliament 
respecting the teinds, rents, and other rights of the church of 

To the preceptor and canons of the monastery, William 
Crichton, Chancellor of Scotland, granted in 1448 the 
lands of Abbeyhill, near Edinburgh.f In 1488, a chaplaincy 
in connection with the monastery was founded by Thomas 
Turing, a burgess of Edinburgh, for the maintenance of which 

* Original Charter, Advocates Library, 15, i, 18 fol. 19, No. 35. 
t Edinb. Com., Reg., iii. 55. 



he granted lands at Leith to the value of ten pounds yearly. 
The grant was confirmed by James IV. on the i/th January, 

In addition to their ordinary revenues the canons were 
entitled to a Scottish quart out of every tun of wine received 
at Leith. In concert with the magistrates and corporation 
of Edinburgh, they regulated the distribution of wine received 
at the port. On the i8th October, 1520, the Town Council 
of Edinburgh framed the following regulations, named in 
the register, " Statuta Vini : " 

" The quhilk day, it is statute and ordanit be the provest baillies 
counsale and confraternitie of Sanct Anthone that James Prestoun, 
Jhone Adamesoun younger, Andro Dicksoun, Thomas Cuke, with 
the maister of the facultie, pas fra this tyme furth quhare ony 
strangear cummis with wyne of their awin aventur and by the haill hoip 
of the same wynes, or samekle as plesis thame, and mak competent 
price thairof, and that the samyn wyne be ewinlie dividit and delt 
amangis the haill confraternitie and tavernaris of this toun of the 
samyn price as beis maid first be thame, efter the forme of their auld 
actis, and quhen the saidis strangearis makis thair said entres of the 
saidis wynis in the townis buikes, that the personis aboue written 
forgather with the saidis strangearis and mak the price of thair said 
wyne within this town of Edinburgh and nocht in Leith ; and that 
nane of the tavernaris wyffis, nor wemen seruandis, pas to Leith in 
tyme to cum till waill, sey, or by ony wynis, under the pane of the 
vnlaw contenit in the auld actis maid thairvpoun of befoir ; and 
thir personis aboue written till haue for thair labouris viij. d. of ilk 
towne wyne, and ordanis that all the nychtbouris and tavernaris that 
hes brocht vp ony wyne fra Leith of their last schippis vnmaid and 
tabillit as said is, that the samyn be had done agane to Leith incon- 
tinent, thair to be tabillit amangis the laif of the wyne ewinlie 
delt amangis the saidis confraternitie and tavernaris as is aboue 
written, vnder the pane contenit in the auld actis of Sanct Anthone."| 

William Morton was appointed preceptor of St. Anthony's 
on the iQth February, 1492. Alexander Crawfurd was 

* Town Council Records of Edinburgh. f Ibid. 


preceptor in 1510; and on the 3rd August, 1513, Pope Leo X. 
issued a bull, confirming to Richard Thomson, one of the 
canons, the office of sacristan* of the house, to which he had 
been nominated by the prior and chapter. In this bull, 
Pope Leo enjoins that the prior shall grant to the said 
Richard Thomson the yearly salary of fifty marks Scots for 
life, the same to be paid either to himself, or to collectors 
appointed by him, out of the returns of orchard fruit and 
other revenues of the house. The Pope further granted him the 
value of an Alexandrian talent,fwith emoluments arising from 
the granting of dispensations, also special power to absolve 
" from excommunication, suspension, interdict, or other cen- 
sure, penalty, or sentence of the Church, any man whatever 
for sins both ordinary and extraordinary." Should his salary 
be unpaid for thirty days after becoming due, the Pope 
stipulated that the prior and chapter should be deprived of 
water till the debt was discharged ; and should six months 
further elapse without payment, that the prior should suffer 
deprivation. The Pope insisted finally that if the com- 
mands of the holy see were not fully obeyed, the prior and 
chapter should be wholly debarred from indulgences, no 
man having power to grant them absolution, and even the 
prayers of the apostles Peter and Paul not availing on their 

Friar Thomson was subsequently promoted as preceptor of 
the monastery. He is styled " Sir Richard Thomson, Pre- 
ceptor of St. Anton," in a sasine granted by him on the 
5th December, 1519, to John Innes and his spouse, Margaret 

Mr. Matthew Forrester is designated " Preceptor of St 
Anton's" in a sasine granted to him in 1552 by the magis- 
trates of Edinburgh, of an annual rent of five marks, pay- 
able out of a tenement situated at Bass Wynd. 

* The sacristan had charge of the sacred utensils and vestments, and 
was bound to protect the churchyard from the intrusion of animals : he 
possessed the sole privilege of sleeping in the church. 

f A sum of very indefinite value. 


In the Inventory of Deeds, belonging to the Trinity House 
at Leith, is enumerated " ane charter granted be Matthew 
Forrester, in favour of the foresaide mariners of Leith, of the 
said lande on y e hospital bankes, and for undercallit y e 
groundes lying in Leith ; . . . also said yard. Dated 
26 Julii, 1567. Sealit and subscrivit be the said Mat. For- 
rester, Prebendar of S. Antoine, near Leith." 

The monks of St. Anthony seem to have been equally 
obnoxious to the Reformers, as were the members of other 
monastic orders. In his " Satire of the Three Estates " Sir 
David Lyndsay puts these lines into the mouth of " the 
Pardoner," - 

" The gruntill of Sanct Antonis sow, 

Quhilk buir his haly bell ; 
Quha ever he be heiris this bell clinck, 
Gif me ane ducat for till drink, 

He sail never gang to hell, 
Without he be of Beliell borne ; 
Maisters, trow ye that this be scorne ! 

Cum win this Pardonn, cum." 

In Bagimont's Roll, in the reign of James V., St. Anthony's 
monastery was taxed at 6 135. 4d. ; the income was at the 
Reformation valued at .211 153. 6d. At the Reformation 
the revenues were partially bestowed on the town council of 
Leith. On the loth June, 1572, James VI., with consent 
of the Regent Mar, granted to the town council " all lands, 
tenements, grants, and annual rents belonging to any chap- 
lainries founded within any kirk, chapell, or college within 
the town of Leith." In 1592 the monastery was finally dis- 
solved, and Mr. John Hay, clerk of session, received a 
royal grant of " the preceptory of St. Anton's " and " site 
thereof," including four acres of land, with the parsonage 
teinds of the lands of Redhalls, Collintoun, Oxengains, and 
half the lands of Cornistown, and the vicarage of the parish 
of Hailes, and of other annual rents which had belonged to 


the institution. Of this grant a feu-farm was, by Mr. John 
Hay, conveyed to his brother Daniel, and Margaret Purdie, 
his wife, on the 5th March of the same year, and on the 26th 
February, 1593, the grant was confirmed. 

On the loth August, 1596, Mr. John Hay and his brother 
Daniel resigned their lands into the hands of the king in 
favour of the Kirk-session of Leith for behoof of an hospital 
which was designated as King James's. At the same time, 
and for the like purpose, the town council of Leith resigned 
in favour of the Kirk-session their portion of the lands- 
These resignations were followed by a charter under the 
great seal, dated 23rd September, 1796, conveying the 
entire lands and revenues of the monastery to the Kirk- 

By the Kirk-session of Leith the lands of St. Anthony's 
Yard were in February, 1606, conveyed in feu-farm to Mr. 
Jeremiah Lindsay, of Dinyne ; the wine privilege being 
commuted in a payment of money. On the igth November, 
1638, the Kirk-session records contain the following entry : 
" The sessioune has ordainit the wyne vintners in Leith to 
paye thair imposts of the wyne to oure sessioune, or other- 
wise to be convenit befoir the kirkis ; and then they sail pay 
thair imposts as we ordain." 

The wine impost became a part of the ordinary parish 
revenues, and under sanction of the Kirk-session, an 
official styled the Baron Bailie of St. Anthony exercised a 
considerable jurisdiction at the ports of Leith and Newhaven ; 
he held court at will, and gave judgment without appeal. 
The office continued till 1833, when it was abrogated by the 
Burgh Reform Act. The last Baron Bailie of St. 
Anthony's was Thomas Barker.* 

On the tower of the monastery French artillery was 
placed during the conflict of 1560. At the siege of Leith, in 
1569, the church was partially demolished ; it was adopted 
as King James's Hospital in 1614. A portion of the struc- 

* Gordon's Monasticon, pp. 283-4. 


ture which remains, consisting of the doorways and part of 
an arch, is represented in the accompanying engraving. 


On the common seal of the monastery St. Anthony appeared 
under a canopy in a hermit's gown, and having at his right 
foot a wild pig with a bell on its neck. On the circumfer- 


ence was the legend 5. Commune Preceptorie Sancti 
Anthonii prope Lecht. The seal, which is preserved in the 


Advocates Library, is represented in the accompanying 

Associated with the monastery were a chapel and hermit- 
age in the King's Park, Edinburgh. Resting on the summit 
of a crag to the north of Arthur's Seat, and overlooking St. 
Margaret's Loch, the ruin of St. Anthony's Chapel is still a 
conspicuous object. By Maitland, in his " History of Edin- 
burgh,"* it is thus described : 

" It is in length 43! feet, in breadth 18 feet, and the same in 
height. At the west end is a tower 19 feet square, but of what 
height at first I cannot ascertain, though by the form of what is 
standing I take to have been about 40 feet. The area of the chapel 
is in length 32 feet, and the breadth of 12 feet, and height of 14 feet. 
It has two arched doorways, and two windows on each side of the 
same form, with a handsome Gothic roof of three compartments. In 
the southern wall, near the altar, is a small arched niche, wherein 
was put the holy water, and another opposite of large dimensions, 
which was strongly fortified for keeping the pix with the consecrated 
bread. Beside, by the door and arch on the inside, I imagine there 
must have been an outing from the west ; and the room over the 
said arch I take to have been the vestiary, ascended to by a ladder 
and a few steps above the said arch. And without, in the wall at 
the eastern end, was a handsome stone seat. The chapel appears 
to have been enclosed with a stone wall, extending from the 
western precipice of the hill, along the southern side and eastern end, 
to the northern precipice of the hill." 

About twenty-seven feet south-west from the chapel are 
situated the remains of St. Anthony's hermitage, which 
Maitland has thus described : 

" It is of the length of 16 feet 8 inches, 12 feet 8 inches in breadth, 
and 1 1 feet in height. The eastern end and south-eastern corner 
are built on the rock, which rises within 2 feet of the roof or stone 
arch which covers it ; it appears to have had two doors near the south- 
western and north-eastern corners, of the height of 5 feet, and width 
of 2 feet, without the least appearance of a window, though probably 
there was in the western end, but demolished with the gable, and m 
the inside of the eastern end, two bolles or cupboards." 

Maitland's " History of Edinburgh," pp. 152-3. 


Referring to St. Anthony's hermitage, Amot, in his " His- 
tory of Edinburgh,"* remarks eloquently, " Sequestered from 
the rest of mankind, these holy hermits might there dedicate 
their lives to devotion. The barrenness of the rock might 
teach them humility and mortification, the lofty site and ex- 
tensive prospect would dispose the mind to contemplation, 
and looking down upon the royal palace beneath,t they might 
compare the tranquillity of their own situation, preparing their 
minds for that scene of everlasting serenity which they ex- 
pected hereafter, with the storms which assailed the court 
amidst a tumultuous and barbarous people." 

At the base of the eminence which supports the hermitage 
and chapel is the well of St. Margaret, anciently reputed for 
its healing virtues. Probably the celebrity of the fountain 
suggested the construction of those sacred edifices. In the 
lament of Lady Barbara Erskine for the cruel desertion of 
her lord, James, Marquis of Douglas,]: the well is noticed 
in these lines : 

" St. Anton's well shall be my drink 

Since my true love has forsaken me." 

From their elevated hermitage or chapel the brethren of St. 
Anthony could discover the ships of commerce entering the 
port of Leith, and could hail and bless the mariners' return, 
expecting to receive in acknowledgment a share of those 
secular gifts which generous seamen love to bestow on those 
interested in their affairs. In the engraving on the opposite 
page is represented the chapel of St. Anthony in its present 

In the Advocates Library is preserved a thin octavo volume 
in vellum, of twenty-one leaves, entitled " The Rental Buke 
of Sanct Anthoni's and Newhaven." It contains no entries 
relating to the secular property of the monastery, but 

* Amot's " History of Edinburgh," p. 256. 
t The Palace of Holyrood. 

J The pathetic song from which these lines are quoted, beginning 
" O waly waly," belongs to the reign of Charles II. 



presents certain forms of prayer, and other instruments 
relating to its spiritual concerns and ordinary administra- 
tion. The following prayer is at the commencement of the 
volume inscribed on parchment : 

" Suscipiat vos omnipotens pater vnigenitusque dei films 
sanctusque spiritus precibus beate Marie semper virginis 
gloriosi patroni nostri et totius curie celestis exercitus omni- 
umque sanctorum apostelorum martyrorum confessorum 
atque virginum et omnium electorum suorum qui sibi pla- 
cuerunt ab initio mundi ; et dirigat actus vestros in bene 
placito sue voluntatis concedatque vobis gratiam bene 
vivendi, vitam corrigendi, et in bonis operibus vsque in finem 
perseverandi. Et nos licet indigni concedamus vobis in 
vita pariter et in morte participationem omnium missarum 
omnium orationum omnium suffragiorum bonorumque cete- 
rorum spiritualium que in nostris collegiis fiunt et per ordinem 
nostrum in totius mundi partibus domino concedente fient 
in futurum et sicut hodie caritas fraternitatis vos vel vobis 
conjungit in terris ita ineffabiliter Dei pietas vos vel vobis 
conjungere dignetur in coelis qui cum Deo Patre et Sancto 



May the Almighty Father, and the only begotten Son of God, and 
the Holy Spirit, hear you, through the prayers of the ever-blessed 
Virgin Mary, our glorious patron, and the whole host of the heavenly 
courts, and all the holy apostles, martyrs, confessors of the faith, 
virgins, and all His elect, whom He has from the beginning of the 
world chosen to Himself. May He direct your actions according 
to the good pleasure of His will; and grant unto you grace to 
live honestly, amending your lives and continuing in good works 
to the end. It is permitted to us to grant you power over the spiritual 
life and death of the wicked ; and a share in all the masses, prayers, 
and supplications of the good; and in all other religious duties 
performed in the institutions of our order ; and which in all time 
coming shall be performed, God willing, in all parts of the world. 
And as to-day brotherly love unites you on earth, so may the dis- 
charge of your spiritual duties toward God render you worthy to be 
united in heaven to Him, who with God the Father and the Holy 
Spirit ... [is to be worshipped and glorified]. 

"Sequitur Litera Confraternitatis. 

" Complures summi pontifices et novissimo sanctissimus 
dominus noster dominus Clemens papa modernus indulcerint 
et cohfirmaverint omnibus vtriusque sexus confratribus seu 
consororibus Confraternitatis Sancti Anthonii abbatis vt 
eligere possint idoneum confessorem secularem vel cujusvis 
ordinis regularem qui eos in casibus sedi apostolice non 
reservatis bis singulis annis in vita absolvere penitenciam 
salutatem injungere votaque cumque majoribus exceptis in 
alia pietatis opera committere. Et in reservatis sedi apostolice 
casibus semel in capite anni vel infra annum eundem et 
toties quoties in mortis articulo absolutionem plenariam 
cum assuetione quatuor millium sexcentorum et sexaginta 
annorum indulgentiarum singulis annis in vita ac participa- 
tione omnium stationum sancte romane ecclesie peregrina- 
tionum et omnium suffragiorum militantis ecclesie et quod 
ipsi confratres nisi nominatim fuerunt excommunicati aut 
publici vsurarii in locis interdictis sepeliri omniaque officia 
divina in eisdem locis januis apertis campanis pulsatis die 


obitus eorum ob reverentiam sancti Anthonii licite celebrare 

"Ea propter nos Ricardum Thomsoun preceptorem pre- 
ceptorie sancti Anthonii de Leith ; attendentem devotionem 
erga nostram religionem et quia de bonis suis sicut pre- 
missum est in supportationem domus nostre contribuerint 
merito confraternitati nostre ascribi prefatis privilegiis 
gaudere presencium tenore declaramus. Datum sub sigillo 
confraternitatis nostre die mensis. 

"Anno domini m v e vicesimo sexto." 


[Be it known to all hereby that] . . . many most reverend 
princes of the Church, and recently, our present Most Reverend Lord 
Pope Clement, have granted and confirmed to all the members of 
either sex, brethren or sisters, of the community of the Abbey of 
St. Anthony, power to elect a fit confessor, either secular or professed 
member of any order whatever, who, in all cases not specially reserved 
to the jurisdiction of the Apostolic See, might twice a year have 
power to grant absolution; to exhort to repentance and salutary 
vows, and, the more important cases excepted, to engage in other 
pious works. And in cases reserved to the Apostolic See, once at 
the commencement of the year, or within the year, and as often as 
any are at the point of death, grant full absolution, according to the 
custom of 4,660 years, and grant yearly during life a share in the 
indulgences and all the feasts and pilgrimages of the Holy Roman 
Church, and in all the prayers of the church militant. Moreover, 
that the brethren themselves, unless excommunicated by name, or 
public usurers, should not be buried in forbidden ground ; and that 
they be empowered to perform all their religious duties in these 
same places, with open gates and tolling of bells, on the day of their 
death, in honour of St. Anthony. 

Wherefore we, by these presents, do declare that Richard 
Thomson, Prior of the Priory of St. Anthony at Leith, rejoices in 
the privileges aforementioned, as one who has displayed zeal for our 
religion in so much as he has contributed of his goods as is permitted 
to the support of our house ; and that he is deservedly enrolled as a 
member of our community. 


Given under the seal of our fraternity on the day of the month 
of , in the year A.D. 1526. 

" Sequitur forma absolucionis. 

" Dominus noster lesus Christus pro sua magna pietate et 
sua acerbissima passione cui proprium est absolvere te vel 
vos absolvat. Et ego te absolve auctoritate mihi concessa de 
omnibus peccatis tuis concessis contritis et oblitis et de iis 
etiam pro quibus sedis apostolica merito esset consuluenda, 
In nomine Patris et Filii et Spiritus Sancti. Amen. 
"Jesus maria." 


Our Lord Jesus Christ, out of His great love, and for the sake of 
His bitter sufferings, to whom of right it belongs to absolve sins, 
absolve thee (or ye) ; and I, in virtue of the power granted to me, 
absolve thee from all thy sins confessed ; repented and forgotten ; 
and from those sins also concerning which the Apostolic See should 
be properly consulted. In the name of the Father, the Son, and the 
Holy Spirit. Amen. 

" Ad faciendum aquam benedictam pro animalibus. 

" Adductorium nostrum in nomine domini qui fecit coelum 
et terrain. 

" Exorcise te, creature salis, per Deum vivum per deum 
verum per deum sanctum, per deum totius creature vt officiaris 
sel exorcisatum in salutem animalium ad evacuandum et expel- 
lendum inimicum omnem virtutem putredinis et morbum 
animalium sive pecorum que necessitatibus humanis donare 
dignatus es vt possint salva ad vsus nostros perficere domini 
nostri Jesu Christi per quern creata sunt et perficiuntur 
vniversa secula per ignem. Amen." 


For making holy water for animals. Our aid is in the name 
of the Lord, who made heaven and earth. 

I exorcise thee, creature of salt, by the living God, by the true 
God, by the holy God, by the God of all created things, that thou 
mayest become exorcised salt for the preservation of animals, for the 


evacuation and expulsion of every hurtful germ of corruption and 
disease, in animals, or in the cattle Thou hast deigned to give lo 
human necessity, to the end that these may become healthy for our 
use. (In the name) of our Lord Jesus Christ, by whom the whole 
universe was created, and is perfected through fire. Amen. 

" Sequitur exorzisimus aque 

" Exorcise te, creature aque, in nomine Dei patris omnipo- 
tentis et in nomine Jesu Christi filii ejus et in virtutem 
Spiritus Sancti vt omnis immundus spiritus et incursus 
sathane separetur et expellatur a tenebris aque ; exorcisata 
ad purgandum omnem morbum animalium atque omne 
fantasma inimici et ipsum inimicum eradicare et explan- 
tare valeas per virtutem domini nostri Jesu Christi per- 
quem creata sunt et perfkientur vniversa secula per ignem. 

" Hie ponatur salis in aqua. 

" Hsec commixtio salis et aque per virtutem domini nostri 
Jesu Christi animalibus salubritas fiat. In nomine patris et 
filii et spiritus sancti. Amen. 

"Vox domini super aquas deus maiestatis intonuit, dominus 
super aquas multas. Homines et jumenta salus domine 
quemadmodum multiplicasti maiestatem tuam deus vere. 
Aperies tu manum tuam et imples omne animal benedictione 
Dominus vobiscum. Et cum spiritu tuo. Oremus. 

"Deus Invisibilis et Inestimabilis per cuncta tua pietas 
diffusa est ; per sanctum nomen tuum supplices deprecamur vt 
huic creature salis et aque J< benedictionem et pietatem tuum 
invisibili operatione infundas vt animalia que necessitatibus 
humanis dignatus es largiri cum ex eadem acciperintvel aspersa 
fuerint haecJ< benedictio et sanctificacio redant illesa. Amen. 

" Benedictus Deus qui dat omnibus affluenter et non impro- 
perat. Servo totam contulit graciam vt et sanitatem restauraret 
et spiritibus imperaret immundis. Ora pro nobis beate pater 
vt dominus esset protector. Oremus. 

"Deus qui concedis obtentui beati Anthonii confessoris hri 
atque Abbatis morbidum ignem extingui et membris refri- 


geria praestari, fac nos propitius ipsius meritis et precibus, 
a Gehenne ignis incendiis liberates integros mente et corpora 
tibi fejiciter in gloria presentari. Per dominum nostrum 


The Exorcism of Water. 

I exorcise thee, creature of water, in the name of God the 
Father Almighty, and Jesus Christ His Son, and by the power of the 
Holy Ghost, that every unclean spirit and Satanic influence may be 
separated and expelled from the depths of the water; that being 
thus exorcised, thou mightest have power to purge away every disease 
of animals, and wholly expel and eradicate every apparition of the 
fiend, and the fiend himself, by the power of our Lord Jesus Christ, 
by whom the whole universe was created and perfected through 
fire. Amen. 

Here let the salt be put into the water. 

May this intermixture of salt and water become healthful to 
animals, by the power of our Lord Jesus Christ. In the name of 
the Father, the Son, and the Holy Spirit. Amen. 

The voice of the Lord is upon the waters; the God of glory 
thundereth, the Lord is upon many waters. Psa. xxix. 3. 

Thou, O Lord, art the safety of men and of beasts, so that Thou, 
the true God, dost greatly multiply Thy glory. Thou shalt open Thy 
hand, and shalt satisfy every thing living with Thy blessing. The 
Lord be with thee, and with thy spirit. 

Let us pray. 

O God, invisible and incomprehensible, Thy love is everywhere 
diffused. We humbly beseech Thee, for Thy name's sake, that 
Thou wouldst bestow Thy blessing J and favour by invisible agency 
on this creature of salt and water, so that when the animals, which 
Thou hast freely given to human need, shall receive of the same, or 
be sprinkled therewith, this blessing J< and consecration may restore 
them to soundness. Amen. 

Blessed (be) God, who giveth unto all abundantly and hasteneth 
not (to mark iniquity), He hath bestowed His grace on His servant, 
that He might restore health and have command over unclean spirits. 
Pray for us, O Blessed Father, that the Lord may be our protector. 


Let us pray. 

O God, who didst grant, at the prayer of the blessed Anthony^ 
Thy servant and abbot, that the fire of fever should be extinguished, 
and coolness restored to the limbs, mercifully grant that we by his 
merits and prayers may be delivered from the flaming fires of hell, 
and happily presented to Thee whole and safe in body and in mind, 
in glory. For the sake of our Lord Jesus Christ 

" Receptio Confratrum et Consororum. 

"Primo, oportet quod pateant istam confraternitatem amore 
Dei beate Marie et beati Anthonii. 

" Secundo, oportet quod sint obligati pro fidelitate ordinis sic 
quod nunquam deberent scire neque audire malum quod 
revelarent et quod custodirent secreta revelata eis. 

" Tertio, quod orarent pro fratribus et sororibus secundum 
quod ipsi tenentur pro eis orare. 

" Quarto, quod sint dispositi dare omni anno elemosinam 
suam, tenentur. Et in vltimis diebus qui credent mori 
si contingat eis addicere pro suffragiis fiendis quod citius 
nobis darent quam aliis propter quod sumus quotidiel 
obligati pro eiis orare. Et mittent nobis diem obitus suorum 
vt poterimus dare placebo et dirigere cum missa de 
requie. Ad ista tenentur obligari quae sunt suprascripta." 



Firstly. It is expedient that they enter this community from love 
of God, the blessed Virgin, and the blessed Anthony. 

Secondly. It is expedient that they be bound by an oath of fidelity 
to the order ; so that they should never know or hear any evil thing 
to reveal it ; but should keep inviolable all secrets revealed to them. 

Thirdly. That they should pray for the brethren and sisters, 
according as they are, by vow, bound to pray for them. 

Fourthly. That they be bound to give yearly in charity what they 
may be willing (to bestow). That any who, being at the close of 
life and believing themselves dying, bequeath anything for prayers 


to be offered for them, should give it more readily to us than to 
others, as we are bound to pray for them daily. And that notice be 
given on the day of their death, so that we might repeat a " Placebo," 
and conduct their funeral rites with a mass. That they be bound to 
observe what is written above. 

" Ista sunt retributiones quas haberent qui confraternezan- 
tur in ordine sancti Anthonii. 

" Primo propter meritum fraternitatis quam cito sunt fratres, 
vel sorores habent mille annos indulgentiarum. Secundo 
habebunt partem omnium missarum celebratarum in toto 
ordine sic quod omnes alii religiosi tenentur pro eis sicut et 
nos ipsi et eiis. Item si contingat ecclesiam vel semitorium 
eorum interdici ratione fraternitatis omnia sacramenta eccle- 
siastica ministrabuntur ; hoc est dictu ecclesie aperiantur et 
campane pulsentur et sepulture tradentur eiis. Item septem 
partem de penitenciis vobis injunctis erunt dimissi, offensio 
patrum et matrum in violentia iniectam manum sibi. Item 
dies jejuniorum et festinitatum male conservatorum erunt 
dimissi, &c. || Item semel in vita et toties quoties in articulo 
mortis habeant potestatem plenariam papale elegendum con- 
fessorem ad confitendum de omnibus peccatis eorum. Item 
sint participatores omnium orationum jejuniorum, vniversa- 
liorum sufifragiorum, et stationum dedicationum ecclesiorum 
meritorum romanorum et indulgeniiarum earundem, &c." 


These are the Rewards which they shall enjoy who become 
brethren of the order of St. Anthony. 

Firstly. Because of the merits of the brotherhood, they who are 
presently brethren or sisters have a thousand years' indulgence. 

Secondly. They shall have a share in all the prayers offered by the 
whole order ; and likewise that all other brethren be bound to pray 
for them, as we for others. Moreover, should it happen that their 
church or sanctuary be put under the ban, in respect to the brethren, 
all the rites of the church shall be duly administered : that is to say, 
the churches shall be opened (for them) ; the bells tolled, and burial 
granted to them. Likewise, of the penitential offerings prescribed, a 


seventh part shall be remitted to you; (to wit,) offences against 
parents, for laying violent hands on one's self (suicide), and for breaking 
the fast days and feast days appointed by the church ; likewise, 
also, once during life, and as often at the point of death, (the members 
of the fraternity) shall enjoy plenary power from the Pope to elect 
a confessor, for the purpose of confessing all their sins. Moreover, 
also, they shall be partakers in all the sermons, fasts, and offerings 
everywhere, in general confessions (stationes), dedications of churches, 
and all advantages and indulgences of the Catholic Church. 

" Officium Confraternitatis. 

"Suscipimus Deus majestatem tuam in medio templi tui 
secundum majestatem tuam deus sit et laus tua in finis terre 
Justitiae plena est dextera tua. Psalmus, Misere mei deus ; 
psalmus, Magnus dominus ; psalmus, ecce quam bonum ; Kirie- 
leysoun Christe eleysoun, Kirieleysoun Pater noster. Et ne 
nos. Oremus Deum. 

" Ista fraternitas sit acceptabilis deo beate Marie virgine 
et beato Anthonio. Salvum fac servum tuum et servos 
tuos, deus meus, sperantes in te Mitte eiis, domine, auxilium 
de sancto et de Syon tuere eiis, Nihil proficiat inimicus 
in eiis et films iniquitatis non nocere eiis. Domine ex- 
audi orationem meam ; et clamor meus ad te veniat. 

" Suscipiat vos deus pater in numero fidelium suorum scilicet 
indigni suscipimus te vel vos in orationibus nostris; et conce- 
dat vobis gratiam bene vivendi et justiciam bene perseverendi 
et sicut nos hodie caritas fraternitatis conjungere in terris ita 
divina pietas nos conjungere dignetur in ccelis per Christum 

" Deus qui concedisti, obtentui beati Anthonii (vt supra) \_hic 
iniunctis manibus eorum dicetur eis\ Suscipimus te in fratrem 
et damus tibi nostram societatem ; facimus te participem in 
omnibus oracionibus bonis operibus et suffragiis nostris in 
eternum. \Et tune osculentur in fine] Oremus." 





We worship Thy glorious name, O God, in the midst of Thy 
temple. According to Thy majesty, O God, let Thy praise be in 
the ends of the earth. Thy right hand is full of justice. 

The Psalm "Have mercy upon me, O God" (Miserere mei 

Deus, li.). 

" Great is the Lord," &c. (Magnus Dominus, xlviii.). 
" Behold, how good," &c. (Ecce quam bonum, 


"Kyrie eleison" (Lord, be merciful), "Christe eleison" (Christ 
have mercy.) " Kyrie eleison." (Lord, be merciful). 
" Pater noster" (Our Father). 
The Psalm" Not unto us," &c. (Et ne nos, cxv.). 

Let us pray to God. 

That this fraternity be acceptable to God, to the blessed Virgin 
Mary, and to the blessed Anthony. Save Thy servant, and Thy 
servants, O God, who put their trust in Thee. Send them help from 
out Thy sanctuary, O Lord, and protection from Zion. Let not the 
enemy prevail against them, nor the son of iniquity hurt them. O 
Lord, hear my prayer, and let my cry ascend to Thee. 

Let us pray. 

May God the Father receive you into the number of His faith- 
ful, as we, though unworthy, receive you into our prayers ; and may 
He grant you grace to live righteously, and persevere in well-doing, 
and as to-day brotherly love unites us on earth, so may divine love 
unite us hereafter in heaven, through Christ our Lord. 

O God, who didst grant the humble entreaty of the blessed 
Anthony (as before). 

Then follows this, spoken at the laying on of hands. 

We receive thee as a brother, and admit thee to our society, 
and make thee partaker on all occasions in our good works and 
prayers for ever. 

Then finally they shall give him the kiss of peace. 

Let us pray. 


Jtis.statuet and ordanit in our scheptour for sindri resonabil 
causis that . the saulis of thaim that has gevin zeirlie 
perpetuall rent to this abbay and hospitall of Sanct Antonis 
besyd Leith or has augmentit Goddis seruice be fundacion, or 
ony vther vays has gevyn substanciously of thair gudis to the 
byggyn reparacion and vphaldyng of the forsaid Abbay and 
place, that thai be prayit for ylk Sunday till the day of dome. 
And in speciall oppynly thar namys expremyt als weil the 
quhik as the deid. That mair abundantly thai may resaif the 
suffragyis prayer and power of the ordour with the Indulgens 
prayer and pardonys grantit and gevyn be the sege of Rome 
at the reverence of God Almychty, the glorious Virgyn and of 
our holy Fader and patron Sanct Anthon. 

[Then follows a list of the principal benefactors of the Monastery, 
for whom masses were to be offered. The list is as under : ] 

In the fyrst for Kyng James, ye first and Quhen Jane, his 
spous yair predecessouris and successourys.* 

For James Kennedy, bischop of Sanct Andros, his 
predecessourys and successouris.'f* 

For Schir Robert Logan, of Restalrig,| knycht, our fown- 
dour, and dame Katryne, his spous, thar predecessouris and 

* James I. of Scotland was born in 1394, and after a captivity of nine- 
teen years in England, commenced his actual reign in 1424. He was 
murdered on the 2oth February, 1437. He married the Lady Joanna 
Beaufort, daughter of the Duke of Somerset. The monastery of St. 
Anthony was founded under the sanction of James I. 

t Bishop James Kennedy, of St. Andrews, an early promoter of St. 
Anthony's monastery, was a liberal and distinguished prelate. He founded 
St. Salvator's College, St. Andrews, and in the minority of James III. was 
chief administrator of public affairs. He died on the loth May, 1466, 
aged sixty. His mother, the Countess of Angus, was a daughter of 
Robert III. 

Sir Robert Logan, of Restalrig, was founder of the monastery. He, 
or his father, Sir Robert Logan, married a daughter of Robert II. by his 
queen Euphemia Ross. 


For William Mudy, bischop of Caitnes,* and Gilbert 

For Schir James Logane,^ knycht, and Dame Jane, his 
spous, and yair successouris. 

For Master Johne Gray, parson of Lifton. 

For Master Adam of Mongamry, parson of Dunkell. 

For Laurence, of Bawlon, and Jonat, his spous. 

For Schir William Crethton, lord of that Ilk, and his spous. 

For Thomas Turyng, and Alison, his spous. 

For Maister Robert Steill, person of Dolphynton. 

For Schir Johne of Crawfurd, and Schir William of Craw- 

For Gregory Logane, and Margret, his spous. 

For Johne Alyson, and Cristiane, his spous. 

For William, of Strathauchan, and Elizabeth, his spous.J 

For Alward Ysbrand, and Agnes, his spous. 

For Thomas Armonar, and Marion, his spous. 

For Andro Matheson, and his spous. 

For Jhone Lambe, and Cristiane, his spous. 

For William Logane, of Coitfeild, and Annabell, his spous. 

For Patrik Logane, of Coitfeild, and Jonat, his spous. 

For Archbald Hepburn, in Hadington, and his spous. 

For William of Clunes, and Jonat, his spous. 

For Johne, of Lau, and Elizabeth, his spous. 

For James of Ross, and Agnes, his spous. 

For Maister David Monypenny, Rector of Sanctandros'. 

For, Michel, of Chalmur, and Jonat, his spous. 

* William Mudie was Bishop of Caithness in 1455. 

f Sir James Logan was probably the son and successor of Sir Robert 
Logan, founder of the monastery. 

J A branch of the house of Strachan. or Strathauchin, of that ilk, and 
afterwards of Thornton, were early settlers in Edinburgh. During the 
fifteenth century Vincent Strathauchin was a deputy clerk of the city. 
John Strathauchin is named in 1463 as renting from the corporation a shop 
or booth. Btirgh Records of Edinburgh. 

In 121 1 Ricardusde Monypenny obtained the lands of Pitmilly, Fife- 
shire, which are still in possession of the family. Master David Mony- 
penny, rector of St. Andrews, was doubtless a member of this sept. 


For Dauid Quhit, and Jonat, his spous. 

For William Morthoson, Jonat and Agnes, his spousys. 

For Edward Logane. 

For Laurence Bertraham, and Anot, his spous. 

For Thomas Bell, and Katerine Bertraham, his spous. 

For James Wilson for Johne Cant. 

For Elene Clerk, ye spous of 

For Johne Curig, procuratour of Sanct Anthonys. 

For Dene Alexander Crawfurd, preceptor of Sanct 

For Johne Matheson, in Broith, and Alison, his spous. 

For Walter Buschart, and Marion, his spous. 

For Johne Lawson, and Margret Cokburn, his spous. 

For Elizabeth Lawson, spous of ye Laird of Waraston. 

For Dene Richard Thomson, preceptor of Sanct Anthony. 

For William Claperton, and Elizabeth Lummesdan, his 

For Johne Culross, and Jonat Lyndesay, his spous. 

[Here follows the obituary, each day of the week being 
denoted by the letters a, b, c, d, e, f, andg. The following 
entries occur : ] 


Obitus Jacobi Ross, anno domini mcccclxx. 


(6th.) Obitus domini Roberti Logane, militis donatoris 
fundi preceptorie Sanct Anthonis, prope Leith, anno domini 

(12.) Obitus Patricis Logane, anno domini mcccclxi. 
(iQth.) Obitus Johannis Lambe, anno domini mcccclxvi. 


(3rd.) Obitus Agnetis Berton, anno mv c iii. 
Obitus Johannis Curry, anno mVxili. 
Obitus Annabelle Strathauchyn, anno domini mcccclxvii. 


(4th.) Obitus Johannis Cant et Helene Clerk, ejus spose 
qui obiit, anno domini mVxxviij . 


(nth.) Obitus David Quhit, burgensis de Edinburgh, anno 
mcccc c lxxxxix. 

(iQth.) Obitus Laurencii Bawlon, et conjugis cjus anno 
mcccc l mo . 

Obitus Johannis Law, anno mcccclvij. 


(24th.) Obitus Alardi Ysbrand et Agnetis Joffray vxoris 
ejus, anno mcccclxij. 


(ist.) Obitus Willelmi Clunes et Jonete conjugis ejus anno 


(i2th.) Obitus Laurencii Bertrem, et Anote, spose sue 
anno mv c . 


Obitus Johannis Allanson et conjugis ejus anno mcccc 

Obitus Johannis Dudyngston, anno mcccclxvi. Obitus 
Willelmi Morthoson, anno mccccxciij. 


Obitus Jonete Morthoson, anno mcccclxxxv. 

Obitus Thome Armonar et conjugis ejus anno mcccclx. 


Obitus Elene Clerk, anno mcccclxxxxix. 
Obitus Waited Buchart et Mariote, spose sue, anno 
mv c xxi. 

Obitus domini Johannis Crawfurd, anno mccccxli. 


Obitus Eduardi Logane. 

Obitus Thome Bell, anno domini ccccxcix. 

The following Inventory of documents connected with the 
dissolved monastery of St. Anthony was prepared by some 
unknown person connected with the Kirk-session or incor- 


porated trades at Leith, about the beginning of the seventeenth 

Inventar of the Writes and Securities belonging to the Kirk 
Session of South Leith, which are pairtly in their own Charter 
Cheast, and pairtly in the Charter Cheast kept by the four 
Incorporations of Leith, digested into some order and method, 
and beginning with the rights of the preceptory of St. Anton's. 

No. i. An Oblidgement by friar Michaell Gray, Master of the 
Hospital of St. Anton's near Leith, with consent of his brethren of 
the convent, in favors of William of Clunes of Leith, and Janet his 
Wife, whereby in consideration that the said William and Janet, had 
freely given to God and St. Anton's, their Tenement with the perti- 
nents lying in the town of Leith, the preceptor oblidges him and 
his successors to say Masses for the souls of the donors, and to 
receive them into their Hospital, in manner and upon the provisions 
therein mentioned. It also contains a reservation of an annualrent 
of half ane merk each one, to William and his wife, and ane other 
to Gregory Logan and others. This Oblidgement is dated the 
27th day of February 1444. Sealed with St. Anton's seal. 

2nd. Ane Charter granted by William Creighton, Chancelor of 
Scotland, with consent of James Creighton of Frendraught his eldest 
son and apparent heir, in favors of the preceptor of St. Anton's near 
Leith and Convent of the same, and their successors, of his lands with 
the pertinents, lying in the town of Leith, on the east syde of the 
water thereof, in the barony of Restalrig and sheriffdom of Edin- 
burgh, betwixt the lands of umquhil John Pittendreich, on the east, 
and the high way on the west ; the lands of Sir John Winton, parson 
.of Pennycuik on the south and the common shear on the north 
pairts, on payment of eleven merks yearly with a sufficient chamber 
within the territory and mansion of St. Anton's, for the sustentation 
of an Chaiplain. This Charter is dated the i6th day of May 1448. 

3rd. Charter of confirmation under the great seal, confirming the 
foresaid charter of mortification this charter of confirmation is 
dated the 2Qth day of September 1451 years. 

4th. Ane Charter granted by Elizabeth Lauder, daughter and one of 
the heirs of umquhil George Lauder, in favors of the Master and 
Convent of the place of St. Anton's near Leith, of an annual rent of 

* General Hutton's Collections, vol. v.. Advocates Library. 


four shillings Scots yearly to be uplifted furth of ane land lying in 
the burgh of Edinburgh, under the castell wall betwixt the 
land of David Whytehead, on the east, and the land of William 
Rhein on the west. This charter is dated the isth day of December 
1491, and is sealed with the granter's seall, and bears also to be 
sealled with the baillies seall, in token of his giveing infeftment 

5th. Commission by the Pope to William Mourton, preceptor of 
St. Anton's near Leith in Scotland, constituting him preceptor of the 
said preceptory, and procurator general for managing the said 
preceptory, and in gathering the revenue thereof, and containing 
several other clauses and priviledges dated at Rome the ipth day 
of February 1492. As also another parchment bearing particular 
regulations with regard to the apparel and ceremonial observances of 
the brethren. 

6th. An patent or commission By Pope Leo to Richard Thomson 
conferring the priviledge of the said House or Hospital dated the 
3d August 1513 and the first year of Leo's popedom. 

7th. An Agreement under form of instrument betwixt John Barton 
elder, indweller in Leith on the one pairt, and Sir Alexander Craw- 
furd preceptor of the house of St. Anton's near Leith, on the other 
pairt, by which John Barton did resigne his annualment of four 
merks which he held of St. Anton's, out of John Dicksoa's houses in 
Leith, in the hands of the said preceptor ad perpetuam remanentiam, 
for which the preceptors of St. Anton's were to infeft the said John 
and his heirs in an rent of fourteen shilling to be uplifted furth of 
another tenement of land lying in Leith. This Agreement is dated 
the i3th day of May, 1510. Jasper Main notar thereto. 

8th. Instrument of Seasine given by Sir Richard Thomson, pre- 
ceptor of St. Anton's propriis manibus to John Innis and Margaret 
Lundie his spouse of an annual rent of four merks Scots yearly to be 
uplifted out of Laurance Barton's tenement of land lying in Leith, 
betwixt the lands of St. Anton's, on the east, the croft or land of 
John Mathieson on the west, the land of John Logan on the south, 
and the land of umquhil George Chaplain on the north pairts. This 
Seasine is dated the 5th day of December 1519 John Thomson, 
notar thereto. Sealled with St. Anton's seall. 

gth. Charter by the said Sir Richard Thomson, preceptor of 
St. Anton's to the said John Innis and Margaret Lundie his spouse of 


the foresaid annual rent of four merks to be uplifted out of the said 
Laurence Barton's land, dated the yth day of December 1519. Sub- 
scribed by the preceptor and some of the friars and sealed with the 
common seall of the preceptory. 

loth. Instrument of Seasine given by Sir Richard Thomson, pre- 
ceptor of St. Anton's to Elizabeth Lawson, daughter and heir of 
umquhil John Lawson, of ane land, fallen and ruinous, belonging of 
old to John Lawson and Margaret Cockburn his spouse, lying in 
the town of Leith, on the south syde of the water thereof, barony 
of Restalrig and sheriffdome of Edinburgh, betwixt other land 
of the said umquhil John Lawson on the east, and the high way 
called the hill on the west ; the land of George Knightson on the 
south, and the land of Walter Whyte on the north, and of ane rent of 
three pounds twelve shillings Scots, to be uplifted out of the foresaid 
lands of umquhile Walter Whyte, betwixt the foresaid land of umquhill 
John Lawson on the east and south, the shoar on the north, and 
the common way called the hill, on the west, with a resignation 
ad remanentiam of the said land, and annualrent by the said Eliza- 
beth Lawson with consent of Andrew her husband, in the hands of 
the said Preceptor of St. Anton's to be upon by him and his 
successors at pleasure. This Seasine is dated the i4th day of 
November 1523, John Thomson notar thereto. 

nth. Instrument of Resignation by John Mathieson, in the hands 
of the preceptor of St. Anton's, ad perpetuam remanentiam of an 
annual rent of ten shillings Scots, to be uplifted out of some lands 
in Leith ; but both the date of this instrument and resignation of the 
lands are torn away ; John Jackson is notar thereto and there is a 
seall appended to it. 

1 2th. An Charter granted by King James the 6th, with consent of 
the Earle of Marr then Regent, to the Baillies, Councill and Com- 
munity of the town of Leith, and their successors for ever of all lands, 
tenements, fruits and annual rents, belonging to any chaplainrys, 
founded within any kirk, chapell or college within the town of 
Leith. This Charter is dated the loth day of June 1572. 

1 3th. Copie of an signature, granted by king James the 6th in 
favors of Mr. John Hay, one of the ordinary Clerks of Session, of the 
preceptory of St. Anton's, and of the place or ground, where the kirk 
of the said preceptory of St. Anton's stood, and of all lands, tene- 
ments, rents, annual rents which belonged thereto (except the manse 


and four aikers of land for the gleib conform to Act of Parliament) 
and also of all and sundry parsonage teynds of the lands of Reid- 
halls, Collingtoun, Oxengains, and half lands of Cornistoun, which 
lykewise pertained to the said preceptory, with the vicarage of the 
haill paroch of Hailles, and of certain tenements and annualrents, 
mentioned in the said gift, which also formerly belonged to the said 
preceptory, by which signature the foresaid preceptory and benefice 
thereof is dissolved and suppressed. And it is ordained that there 
should never thereafter any successor or preceptor be provided 
to the said preceptory, and benefice thereof, and the vassals 
to hold of the said Mr. John Hay. This paper is so worn that it 
cannot be all read, and it wants the end whereby the date cannot be 
known, but it seems to have been dated in the year 1592, and this 
paper is thought to be the same with the copy of Mr. John Hays 
gift of St. Anton's, copied out of Mr. William Chalmers his book in 
anno 1633. 

1 4th. Charter of feu farm granted by the said Mr. John Hay to 
Daniell Hay his brother and Margaret Purdie his spouse of all and 
haill that place or ground on which the kirk of the preceptory of 
St. Anton's near the town of Leith of old stood, with the kirk yard, 
mansion houses, biggings, yards, orchards and haill pertinents to be 
holden of the granter, in feu farm for payment of half an merk yearly. 
This Charter is dated the fifth day of March 1592. 

1 5th. Instrument of Seasine following thereupon of the same date, 
Mr. George Tod, notar thereto. 

1 6th. Charter of confirmation under the great seal of the foresaid 
feu farm. Charter dated the 26th day of February 1593. 

1 7th. Two Instruments of Resignation by the said Mr. John Hay, 
and Daniell Hay his brother, of the foresaid Preceptory of St. Anton's 
with the place or ground where it stood, and of severall lands tene- 
ments and annual rents, belonging thereto, in the hands of King 
James 6th, in favor of the ministers, elders, and deacons of the Kirk 
Session of Leith, and their successors in office, in name and behalf 
of the poor of the Hospital of Leith present and to come. These 
two instruments are dated the nth day of August 1596 David 
Maysie notar thereto. 

1 8th. Instrument of Resignation by the Baillies, Council and 
Community of the town of Leith, in the hands of King James the 6th 
of all lands, tenements, rents annual rents belonging to any chaplainrys, 


prebendarys founded within the town of Leith, in favor of the 
ministers, elders and deacons of the kirk of Leith and their suc- 
cessors in office, in name and behalf of the poor of the Hospital 
there of present and to come This instrument is dated the nth day 
of August 1596. Mr. David Maysie notar thereto. 

igth. An Charter under the great seallby King James the sixth, to 
the minister, elders and deacons of the Kirk Session of Leith, and 
their successors in office, in name and behalf of the poor of the Hos- 
pital of the same, present and to come, of all and sundry lands, tene- 
ments and annual rents, which pertained to whatsomever chaplainrys, 
vicarages within the towns of Leith and Restalrig and of the place or 
ground where the Kirk of St. Anton's formerly stood, and annual 
rents and others belonging to the said Preceptory. This Charter is 
dated the 23rd day of September 1596 and bears to proceed upon the 
resignation of Mr. John and Daniell Hays. 

20th. Precept of Seasine under the quarter seall relative thereto, 
and of the same date therewith. 

2ist. Instrument of Seasine following thereupon, in favor of the 
said minister, elders and deacons dated the 27th day of November, 
1596, Patrick Glassfoord, notar thereto. 

22nd. Assignation by the said Mr. John Hay to the said ministers 
and elders of Leith, of the byrunne rents and duties of the foresaid 
lands of St. Anton's dated the 8th day of October 1596, which assig- 
nation relates to a disposition and procuratory of resignation, 
granted by the said Mr. John Hay, to the said Kirk Session, of the 
foresaid lands of St. Anton's. 

23id. An Decreet conform at the instance of the ministers, elders 
and deacons of the Kirk Session of Leith, against all and sundry 
feuars, tenants and possessors of any lands, tenements, annual rents 
belonging to St. Anton's, or any chaplainrys, prebendarys within the 
towns of Leith and Restalrig for the and year 1597 and in 
all time coming. This decreet is sealled the day of J 597; 

it is obtained before the Lords of Session. The extract is under the 
hand of Sir John Skene, Clerk Register, and it proceeds on the charter 
above mentioned. 

24th. Letters of Horning raised thereupon of the same date with 
the decreet, subscribed by Alexander Lantie; signeted the i2th day 
of December 1606. Registrat at Edinburgh the 4th day of January 
1609 the executions are lost. 


25th. Contract of feu farm betwixt the ministers, elders and 
deacons of the Kirk Session of Leith, preceptors of St. Anton's, 
heritable proprietors of the wind mill, kiln houses and pertinents 
thereof diged in the yard called St. Anton's yard, lying upon the west 
pairt of the town of Leith, on the one pairt, and Mr. Jeremiah 
Lindsay of Dinyne on the other part, whereby the Session dispones 
to him in feu farm the said wind mill, kiln and houses thereof, for 
payment of four pennys Scots yearly. This contract is dated the last 
day of February 1606. 



ABBEYHILL, lands of, 385 
A-Becket, Thomas, 263 
Abraham, Plains of, 159, 164 169 
Act of Indemnity, 317 
Prerogative, 321 

Resumption, 321 

" Acts and Monuments, the, " of Foxe, 

30-34, 37-39 

Acts of Confiscation, 290 
Edward II., 276 

Edward IV., 276 

Elizabeth, 284, 291, 292 

Henry II., 266 

Henry III., 276 

Henry VI., 279 

Henry VIII., 281, 282 

James I , 291 

Settlement, 313, 317,318, 321 

Acts relating to absenteeism, 279, 281, 


Adoption, custom of, 17 
Aelfgiva, 176 
Agram, Makta-ban, Bishop of, 331 

, Balthazar, Bishop of, 332 

, Benedict, Bishop of, 332 

, Conquest of, by John Vitovetz, 

33.1, 332 

Ailric, canon of Waltham, 191, 200 
Aires, Irish Freemen, 241, 242 
Airlie, Earl of, 372 
Aldgate, John Foxe's house in, 29, 30 
Aldred, Archbishop, 181, 185 
Alexander, Bailie Alexander, of Aber- 
deen, 356, 357 
Cosmo, of Aberdeen, 356 

Dr. John, of Aberdeen, 356, 357 

Henry, 357, 365 

III., Pope, 270, 271 

John, 357, 365 

Richard, of Aberdeen, 356 

Sir Antony, 357 

William, Lord Alexander,' 357 

William, of Menstry, Earl of 

Stirling, 357 

Alfgar, Earl, 178 

Alford, battle of, 379 

Amherst, General, 156, 163 

Amurath, Sultan, 329 

Ancestry, influence of, 23, 24 

Anna, Queen of the Romans, 218 

Arbuthnot, Lord, 360 

Archimedes, the sphere of, 345 350 

Argyle, Earl of, 359, 363, 375, 378 

Arlotte, mother of William the Con- 
queror, 185 

Arundel, Lord, 47 

Ashworth, William, 44 

Askew, John, 80 

Assignation, bond of, 80 

Athanasius, 381 

Athole, Earl of, 366 

Attinghausen, Werner de, 217 

Auchinbreck, Laird of, 378 

Auldearn, battle of, 379 

Austria, Leopold, Duke of, 220 

, Albert, Duke of, Emperor of 

Germany, 217 219, 328, 330 
, Frederic, Duke of, 219 

Authority, parental, 12 14, 19 

Bagimont's Roll, 388 

Baillie, Major-General William, 379 

Ball, John, 28 

Baltinglass, Viscount. 284 

Banbury, William, 43 

Banfy, Hungarian General, 330 

Barclay, Robert, Provost of Irvine, 


Bards, ancient British, 112, 113 

Barker, Thomas, 389 

Barnabo, Cardinal, 261 

Barnes, Sarah, 56 

Barnewall, John, 282 

, Patrick, 283 

Baron-Bailies of St. Anthony, 389 

Baronets of Ulster, 301 

Barrett, Mrs., 34, 54 

Barren, Rev. Robert, Bishop of Ork- 
ney, 360, 363 

Bassano, Mr., 60 



Battle Abbey, 197 

Bavaria, Louis, Duke of, 219 

, Otto, Duke of, 335 
Beaufort, Lady Joanna, Queen of 

James I., 403 

Beaumont, Robert de, 196 
Beauport Flats, battle of, 160-162 
Bede, the Venerable, 253 
Bedford, Francis, Earl of, 7 
Bellasis, Colonel, 82 
Bellenden, Adam, Bishop of Aberdeen, 

373, 374 

Bentinck, Lord Woodstock, 321 
Beresford, Rowland, 77 
Berkely, Lord, 282 
Bigot, Francis, Intendant of New 

France, 154, 155 
Billing, Sir Henry, 305 
Blackstone, Sir William, 228 
Bolingbroke's Letters, I 
Bollandists, "Ada Sanctorum" of the, 


''Bond, the Blind," 377 
Boniface VIII., Pope, 382 
Bonner, Bishop, 38 
Boroimhe, Brian, King of Ireland, 260 
Boscawen, Admiral, 156- 
Botteler, Anne, 57, 76 

, Catherine, 56 

, Christopher, 56 

, John, 57 
, John, of Wrathall, 57 

, John, of Stapleford, 57 

, Lady Frances, 57 

, Nicholas, of Netherhall, 57 

, Oliver, 76 

, Philip, 57 

, Sir John, of Woodhall, 57 

, Sir Philip, of Watton-at-Stone, 56 
-, Sir Robert, 57 

Bouganville, General, 159, 163, 164, 


Bourlemagne. General, 157, 163 
Bradstreet, General, 156 
Brakespeare, Nicholas (Pope Adrian 

IV.), 262, 263 
Brankovich, George, Prince of Servia, 


, Catherine, 328, 329 

Brehon Code, the, 233, 235, 274, 277, 


Brice, Thomas, 29 
Bridge of Dee, action of, 368, 369 
Brigade, the Irish, 312, 313 
Britain, early settlers of, 88 

, origin of name, 88 
Britons, ancient, dress of, 91, 92 

, burial customs of, 113, 114 

, coins of 97, 102 

Britons, domestic life and manners of, 

, dwellings of, 93, 94 

, mode of fighting, 96, 97 

, trade of, 102, 114, 115 

, villages of, 95, 96, 98, 99 

Brock, General, 168 
Brown, Edward, 77 

, William, 77 
Browne, Richard, 58 
Bruce, Edward, 275 
Bruet, Jane, 73 
Bullinger, 37 
Bulstrode's, Memoirs, &c., of Charles I., 

82, 83 

Burges, Sarah, 75 
Burglen, Eberhard of, 218 
Burial of Harold II. at Waltham, 197- 

Burke, Edmund, on Irish Land Laws, 

324, 325 

Burleigh, Lord Balfour of, 375, 377, 378 
Burnet, Sir Thomas of Leys, Bart., 

360, 367 

, Alexander, 360 

-, Andrew, 360 

Burnhill, Mrx, 56 
, Thomas, 57 
Buxton, Sir William Fowell, 43 

Caen-finny, The, 239, 240, 294, 295 
Caesar's, Julius, description of Britain, 

89, 90, 96-98, 105, 106 
Callander, Earl of, 374 
Canordes, Abbot of St. Brendan, 268 
Cant, Rev. Andrew, 359, 360, 376 
Canute, 173, 174 

Car, Robert, Earl of Somerset, 71, 72 
Caron, Joseph, 145 
Carte's " Life of Duke of Ormond," 

30.3, 34 

Cartier, Jacques, 144, 145 
Carter, George, 43 
Cashel, Council of, 269, 270 
Caste, 22 

Catherine of Ara<*on, 28 
Catholicus, Archbishop of Tuam, 268 
Cave, Elizabeth, of Inglesbie, 78 
Cecil, J., 46 

, Mr.W., 46, 48 
Ceiles ; Irish Clansmen, 241, 242 
Celts, Early landholding system of, 232, 


Ceremonies, extant, derived from Druid- 
ism, 112 

Champlain, Samuel de, 145 148 
Chapel of St. Anthony, Edinburgh, 

391, 392 
Charles I., Scottish campaign of, 364 



Charles IV., Emperor of Germany, 

327, 328 
Charters of Sir William Crichton, of 

Ilk, 407 
James Crichton, of Frendraught, 

Elizabeth Lauder, 407 

Sir Richard Thomson, Preceptor 

of St. Anton's, Leith, 408, 409 
James VI., 409-411 
John Hay, 410 

Chattels, Law of, among early Irish, 


Cherry, Sir William, 55 
Chichester, Sir Arthur, 280, 292 
Children, position of, in primitive socie- 
ties, 12, 15, 1 6 
Chisheshly, Lady Henry, 58 
Christian I. of Denmark, 224 
" Christ Triumphant," a sacred drama, 

by Foxe, 29 
Chronicle, Bede's, 202, 203 

, The, of St. Alban's, 203, 204 
Chrysostom, 381 
Church, The Irish, under the Stuarts, 

, The Irish, at the Conquest, 

260 262 
Cilly Barbara of, 327, 330 

Frederic, Count of, 328, 329, 


Hermann, Count of, 327-329 

Louis, Count of, 328 

Margaret of, 328 

The Counts of, 327-338 

Ulric, Count of, 327-331, 334- 


Clanricarde, Earl of, 279, 306, 307 

Cledden, Richard, 55 
, Jovian, 55 

Clontarf, Battle of, 260 

Clotworthy, Sir John, 317 

" Clym of the Clough," 225 

Coinage, The, of Harold II., 214, 215 

Colburne, Margaret, 77 

Colleges, Early Irish, 252 

Commonplace Book, the, of Dr. Samuel 
Fox, 54-57 

, Dr. Thomas Fox, 57, 58 

Commission to William Morton, pre- 
ceptor of St. Anton's, Leith, 408 

of Pope Leo X. to Richard 

Thomson, 408 

Company, the, of One Hundred Asso- 
ciates, 147, 151 

of Montmorency, 147 

Conde, Henri de, 146 

Confiscation of the Ranelagh Estates, 

Constance, brother of William the Con- 
queror, 192 
, Council of, Irish bishop at, 254., 


Conway, Lord, 374 
Cook, Captain James, 160 
Copland, Richard, 45 
Coracles, 114 
Corambona, Vittoria, 47 
Corbet, Dr., 65 
-, Miles, 314 

Costentus, Geoffrey de, 273 

Covenant, The Scottish National, 355, 

359, 360379 

Cranfield, Lionel, Lord Treasurer, 32 
Crawfurd, Sir Alexander, 386, 405 
, Sir John, 404, 406 

, Sir William, 404 

Crespin, Hesilia, 202 
Crichton, Lord, 361, 362, 365, 372 
, William, Lord, Chancellor of 
Scotland, 385, 404, 407 
Cromlechs, 99, no 
Cromwell, Oliver, 312, 314 
Cross, Walter, 272 
Crown Point, Capture of, 163 
Cuninghame, Lady Margaret, Countess 

of Lauderdale, 356 
Curranie, John, 80 

Customs, social, among the Auseans, 6 
Egyptians 13, 15, 16 
Maiays, 4, 17 
Nairs of Malabar, 15 
North American Indians, 23, 24 
Pelasgians, 23 
Romans, 17 

Daer-stock, Law of, 249 

D'Aigullon, Madame, 149 

D' Aillebout, Governor of Quebec, 1 50 

Dalgettie, Laird of, 365 

Dallow, Edward, 80 

Philip, 80 

Danish invasions of Ireland, 258-260 

Danvers, Lord, 66 

D'Argenson, Baron, Governor of Que- 
bec, 150 

D'Avangour, Governor of Quebec, 150 

Davenport, Christopher, 59, 79 

Elizabeth, 80 

Davis, Sir John, " Reports," 23-79, 
257, 267, 268, 277279, 288, 289, 

294, 297. 301 
Day, John, 2931 
Debentures, Cromwell's, 313, 314 
De Breonne, William, 273 
De Brito, Milo, 272 
De Burgh, Richard, 273 

, William, of Aspatria, 272 



De Conteville, Herluin, 185 

De Felder, Richard, 273 

De Gray, John, 272 

De la Corne, General, 157 

De Laval, Apostolic Vicar, 1 50 

De Lausons, Governor of Quebec, 150 

De Londres, Henry, Archbishop of 

Dublin, 273, 274 

De Mesy, Governor of Quebec, 1 50 
De Meulles, Intendant of New France, 


De Naas, William, 272 

Denny, Sir Edward, Earl of Norwich, 

56, 64, 208, 209 

, Henry, 56 

, Sir Antony, 64 

Dering, Mrs. Antony, 58 
Desmond, Earl of, 279, 288, 290 
De Thouars, Aymer, Viscount, 196 
Diary, The, of Dr. Samuel Fox, 4348 

, Dr. Thomas Fox, 57, 58 

Diceto, Radulphus de, 269 
Dickson, Rev. David, 359, 360 
Digby, Kenelm, 228 

, Lord, 81, 374 

Dillon, Viscount, Case of, 307 -310 
Dodd, Dr. Roger, Bishop of Meath, 55 
Donatus, of Padua, 252, 253 
Donegal, Marquis of, 289 
Donne, Dr., Dean of St. Paul's, 62 
Dorlase, Chief Justice, 311 
Dorrell, Mrs., 58 
Douglas, Sir William, of Cavers, 359 

, Rev. Robert, 359 
Drake, Francis, 47. 
Drakul, ruler of Wallachia, 331 
Drogheda, Sack of, 312 
Druidism, 105, 106 
Drum Castle, Siege of, 371 
Dublin, Patrick, Bishop of, 261 
Dunse Law, Action of, 364 
Duquesne, Fort, capture of, 156 
Durrell, Admiral, 158 

Edgar Atheling, 180 

Edisried, Rodolph de, 217 

Edith, Swan-necked, Queen of Harold 

II., 178200, 214 
Edmund Ironside, 174, 180 

, son of Harold II., 175, 214 
Edward the Confessor, 176181 

, I-, 274 

, the Outlaw, 180 

Edwards, Adam, 77 

Edwin, Earl, 180, 189 

Einsiedln, Abbot of, 219 

Elcome, Thomas, 59 

Eleatic school of Greek philosophy, 


Elizabeth, Queen, 31, 32, 40, 41, 282 
284, 287, 288 

, Queen of Bohemia, 330 

Elizabethan settlements in Ireland, 284 
Erskine, John, of Dun, 360 

, Lady Barbara, 392 

, William, 369, 370 
Epitaph of Harold II., 208 
Esmond, Lord, 304, 305 
Essex, Earl of, 55 

-, Countess of, 71, 72 

Ethelmaer, 174, 175 

Etterlin, Petermann, 221 

Europe, Early settlement of, Biblical 

account, 230 
Eustace, Christopher, 290 

, Count of Boulogne, 195, 196 

, James, 290 

Fabyan's, Chronicle, 204 

Faioum, Monastery of, 381 

Falkland, Lord, 306 

Farmer, John, 208, 212 

Farquharson, Donald, of Monaltrie, 379 

Feistritz, siege of, by Hunyadi, 332, 


Fire, St. Anthony's, 382 384 
Finch, Sir Moyle, 32, 33, 44, 54 

, Anne, 54 

Fiscal division of Ireland by Henry II., 


Fitz-Adholm, William, 266 
Fitzgerald, Sir William Fitzpiers, 304, 

, John, 290 

, Maurice, 265 
Fitzgibbon, Lord Chancellor, Earl 01 

Clare, 322 

Fitzhenry, Meyler, 272 
Fitzmaurice, Gerald, 272 

, Thomas, 272 
Fitznorman, Elyas, 272 
Fitz-Osborn, William, Norman baron, 

182, 192, 196 
Fitz-Reinard, Robert, 266 
Fitz-Stephen, Robert, 265 
Fitz-Thomas, Maurice, of Desmond, 


Fitzwilliam, Lambekin, 272 
Flaths, Irish landholders, 241, 242, 243 
Florence of Worcester, chronicle of, 

179. !83> 190, 196 
Forbes, Alexander, Master of, 378 

, Lord, 361, 362, 365. 372, 373 
, Patrick, Bishop of Aberdeen, 

358, 373 

, Rev. John, D.D., of Corse, 361 

, Sir William, of Craigievar, 365, 



Forfeiture of lands in Ireland, 313-322 
Forrester, Matthew, 387, 388 
Fosterage, custom of, among the early 

Irish, 250 
"Four Masters, Annals of the," 243, 

Fox, Agnes, 60 

.Alice, 42, 57-59, 78,80 

, Andrew, 59 

, Ann, 44, 49, 54, 5 6 > 59 

, Captain Robert, 35, 41, 42, 49, 

50, 55, 58, 59, 69, 7I-85 
-, Daniel, 59 

, Dr., 60 

, Dr. Edward, Bishop of Hereford, 

, Dr. Samuel, of Warlies, 29, 34, 

35. 39, 4-6o, 76 
, Dr. Simeon, 35, 39, 42, 50, 51, 

55, 57, 58-6i, 63 

, Dr. Thomas, 40-42, 49, 50, 54, 

5. 57, 59, 62-71 

, Elizabeth, 59 

, Gregory, 59 

, Hannah, 59 

, Isaac, 60 

, James, 59 

Jane, 41,55, 71 

, John, 33, 41, 54, 55, 71 

, John, the Martyrologist, 28-39, 

59, 62, 63 

, works of, 29-34 

, Lawrence, 59 

, Mary, 32, 59 

, Ralph, 32, 59 

, Reynold, 59 

, Samuel, 59 

, Sarah, 41, 56, 59 

, Thomas, 59 

-, Ursula, 49, 50, 55-57, 59, 73, 76, 


, William, 59, 60 

Frangipan, Count Gregory, 335 
Fraternity, the, of St. Anthony's 

Monastery, Leith 
, benefactors of, 403-405 

, dress of, 382 

, form of worship, 401, 402 

, form of admission, 399-401 

, forms of absolution, 396-399 

, obituary of, 405, 406 

, patent of, 394, 395 

, possessions of, 384, 386, 388 

, preceptors of, 384-388 

, privileges of, 386 

, rules of, 399, 400 

Frazer, Lord, 361, 362, 365, 366, 372, 

Frederic IV., of Austria, 329, 331, 336, 

Freemen and serfs among the Irish, 


Frontenac, Fort, capture of, 156 
Ftteders, Irish labourers, 242, 243, 250 
Fuller, Dr. Thomas, 36, 64, 70, 211 

Galasius, Bishop of Armagh, 270 

Gardner, Bishop Stephen, 28 

Garth, brother of Harold II., 175, 193, 

198, 199 

Gavelkind, a land system, 239, 295 
Geoffrey of Monmouth, 108 
Geoffreys, Rev. Mr., 56 
Gerrard, Lady Catherine, 56 

, Lord, 8 1 

Gessler, Hermann, 226 
Gifford, Walter, 196 
Ginkel, Earl of Athlone, 321 
Glencairn, Earl of, 365, 366 
Glendalough, Thomas, Abbot of, 272 
Godwin, Earl of Kent, 173-176, 184, 

Gordon, Alexander of Earlston, 374 

, Captain James, 365 

- , Captain Nathaniel, 365, 368 

, George, Lord, 377, 379 

, James, Lord Aboyne, 365-367 

, James, "Scots Affairs, "355 

, John, of Inchstomock, 369 

, John, Lord Aboyne, 357 

, Laird of Gight, 366 

, Ludovick, 378 

, Sir John, of Haddo, 376 

Gorz, Count John, 335, 337 

Gospels, paraphrase of, by Erasmus, 38 

Government, municipal, of Quebec, 151 

, patriarchal, 25 

Graham, Sir Richard, 303-305 
Grandpre, settlement of, 144 
Grantmesnil, Hugh de, 196 
Grants of land in Ireland, 271-273, 

321, 322 

Gray, Michael, Preceptor of St. An- 
thony's Monastery, Leith, 384, 386 

, Obligation of, 407 

Greene, Edward, 49 

, William, 51 
Gregory, Nazianzan, 381 

XIII., Pope, 47 

resham, Mrs. Ursula, 55 

riffith, King of Wales, 178 

rineus, Jacob, 45 

uild, Rev. Principal William, 359^. 


unhild, 175, 176, 214 

unn, Colonel, 365, 367, 368 



Guthrie, Rev. Henry, of Stirling, 373 

, Rev. John, Bishop of Moray, 372 

Gwinne, Dr., 61 
Gynocracy, 15 
Gytha, 174, 176,214 

Racket, Colonel, 379 
Hailes, church lands of, 385 
Haliday, Sir Alexander, Preceptor of St. 

Anthony's Monastery, Leith, 385 
Hall, Robert,;. P., 55 
Haliiwell, William, of Waltham, 23 
Hamilton, Marquis of, 364-366 
Hapsburg, Counts of, 216-219 
Harald Hardrada, King of Norway, 

179, 1 88, 224 

Harding, John, of Brazenose, 31 
Harold II., last Saxon king, 173-215 
-, "Bluetooth," 223 

, grandson of Harold II., 214 

Harvey, Dr., 61 

Hastings, battle of, 190197 

Hatley, Rev. Nathaniel, of Waltham, 


Havering Palace, 40, 41 
Hay, Daniel, 389, 410, 411 

, Honora, 7 

, James, Earl of Carlisle, 70, 71, 

-, John, Clerk of Session, 388, 389, 


, Richard, Canon of St. Geneve, 
356, 735 

Hebert, Louis, 147 

Henderson, Rev. Alexander, 359, 360 

Heneage, Anne, 32, 33, 44, 54 

, Elizabeth, Countess of Winches- 
ter, 32, 44, 54 

, Robert, 32 

, Sir Thomas, of Copt Hall, 32, 

40, 44, 54 

Heniy II., letters of, 264, 266 

II, 262-271 

, treaty with King Roderic, 268 

- VIII, 28, 278-281 

, of Huntingdon, 190 

Hervey, of Mountmorris, 265 

Higden, Ralph, chronicler, 203 

Historical Repetition, 329 353 

" History of the Church" by Fox, 29, 

Holland, Earl of, 364 

Holmes, Admiral, 158, 163 

Homberg, Wernerde, 218 

Honywood, Anna, 58, 63, 69 

-, Antony, 64 

, Elizabeth, 58, 63 

, Henry, 58, 64 

-- Lady, 58 

Honywood, Mary, 63, 64 

, Michael, 64 

, Robert, 58, 63 

Hospitalities ; a form of tribute, 229 
Hovenden, Roger, 186, 190, 266 
Howard, Thomas, Duke of Norfolk, 282 
Ho well, Hugh, ap Prys, of Mossoglen, 


, Jane, 55 

, Llowarch, ap Bran, 55 

Huber, Dr., Swiss historian, 217, 218, 

221, 222, 226 
Humbertus, Augustinian General at 

Vienne, 384 
Humphrey, Dr., 34 
Huntly, Marquis of, 361-363, 370, 

Hunyadi, John, the Great, 331-334 

, Ladislaw, the Younger, 334-336 

, Mathias Coryinus, 336, 337 

Idealism and Realism; their historical 
development among the Greeks, 117- 


Ingibiorg, granddaughter of Harold 

II., 214 

Ingulph, chronicle of, 187 
Innes, John, 387 
Innocent III., Pope, 271 
Inventory of Documents connected with 

St. Anthony's Monastery, at Leith, 


Inverlochy, battle of, 378 
lona, destruction of by the Danes, 258 
Ireland, depopulation of, 313-316 

early missions in, 251-254 

early notices of, 233-235 

Norman conquest of, 264-269 

settlements in under the Stuarts, 

288, 300-303 

under the Stuarts, 303, 304, 306] 

-^ under the Tudors, 279-288 
Irenseus, the founder of Christianity in 

Ireland, 251 
Irvine, Sir Alexander, of Drum, 371, 

Isle aux Noix, 163 

Jaffray, Alexander, 360, 367 
James I., 321, 403 

- II., 305 
Jamesone, George, painter, 356 

, Mary, 356 

Jamestown, settlement of, 145, 146 

Japan, Envoys of, at Venice, 46 

Jervis, Sir John, 160 

Jewell, Bishop, 31, 37 

John, King, 271, 274 

, XXIII., Pope, 274, 27"? 



Johnstone, Colonel William, 363, 367, 

, Robert, of Crimoiid, 363 

Jones, John, Irish Commissioner, 314 
Jonson, Ben, 64-66 
Joscelin, of Poictiers, 382 
Justinger, Conrad, 221 

Kaplir of Sniewitz, 335 

Keith, William, Earl Marischal, 360, 

362, 366, 369, 372, 377 
Kennedy, James, Bishop of St. 

Andrews, 385, 403 
Keppel, Earl of Albemarle, 321 
Kildare, Earl of, 290 
Kilkenny, Council of, 275 
Kilsyth, battle of, 379 
Kirkt, Louis, 147 

, Sir David, 147 

, Thomas, 147 

Klingenberg, family of Thurgovia, 221 
Knight, Nicholas, 60 
Kormend, battle of, 337 

Ladislaus, Postumus, King of Hun- 
gary, 328, 331, 334-337 

La Motte St. Didier, Church of, at 
Vienne, 382 

Land, early divisions of, among the 
Irish, 44 

Landholding, history of, in Ireland, 
228 326 

, confiscation in Ireland, 288-326 

, feudal, in Ireland, 264-288 

, Scandinavian, in Ireland, 256- 


-, systems of, in Ireland, 236-326 

, Tanistry System in Ireland, 


Lane, Dr. Carter, 53 
Lanfranc, 260 
Lascelles, Res Gesta Anglorum in 

Hibernia, 284, 292 
Latham, Mr., "Elements of Philology," 


Laud, Archbishop, 360 
Laupen, battle of, 227 
Lawrence, Colonel, 316, 317 
Laws affecting Irish Papists, 323-326 
League, Hanseatic, 216 
Leckie, Laird of, 373 
Lee, Sir Henry, 33 

, Sir Robert, 55 
Le Gros, Sir Raymond, 265, 266 
Leicester, Lord, 47 
Le Moine, Simon, 150 
Leofwine, brother of Harold II., 175, 

193. 199 
Leo X, Pope, Bull of, 387 

Lesley, Captain George, of Balgonie, 
3^, 374 

, General Alexander, Earl of 

Leven, 362-366, 374 

, General David, 362, 374, 379 

, Lord Lindores, 362 

, Sir Patrick, Provost of Aber- 
deen, 360, 378 
Letters of Agnes Foxe, 34 

, Admiral Pennington, 74, 75 

, Captain Robert Fox, 72, 73 

, James Hay, Earl of Carlisle, 70 

, Sir Thomas Heneage, 40 

, Dr. Samuel Foxe, 51-53 

, Dr. Thomas Foxe, 65 

, John Foxe, 34, 35 
Leveson, Anne, 40-42, 44, 48, 50, 54, 

56, 57 
, Grisel, 56 

, Mary, 55 

, Sir J ohn, 54 
Ley, Sir James, Chief Justice of Ireland, 


Lmacre, Dr. Thomas, 58, 61 
Lindsay, Jeremiah, of Dinyne, 389, 

Lismore, Christian, Bishop of, 270 

, college of, 252, 260 
Logan, Katherine, 403 

, Edward, 405 

, Gregory, 404 

, Patrick, of Coitfield, 404, 405 

, Sir James, of Restalrig, 404 

, Sir Robert, of Restalrig, 384, 

403, 405 

, William, of Coitfield, 404 

Lorette, Canadian settlement of, 149 
Lothian, Earl of, 359, 374, 378 
Loudon, Lord, 359 
Louisbourg, Fort, capture of, 156 
Lou vain, Henry, Duke of, 210 
Lovel, William, 42, 43, 55 
Ludlow, Edmund, 314 
Ludquharn, Laird of, 365 
Lumsden, Sir James, 374 
Lundie, Margaret, 387 
Luxemburg, Henry of, 218, 219 
Lyndesay, Sir David, 388 

Magnus, son of Harold II., 175, 214 
Maine, Sir Henry, I, 4, 7, 14, 246- 

248, 250 

Malcolm, Canmohr, 189 
Malet, Sir Alexander, 183, 187 

, William, 202 

Malfred, granddaughter of Harold. II, 


Marisco, Geoffrey de, 273 
Marshall, William, Earl of Pembroke, 273 



Mary, Queen of England, 46 
Masere's " Gesta Gullelmi," 196 
Massingbred, Sir Oswald, 290 
Masson, John, 59 
Matilda of Flanders, 185 
Maximian, Roman Emperor, 381 
Maxwell, Provost of Dumfries, 376 
. Megra-hill, battle of, 367, 368, 
Menzies, Sir Paul, 359 
Merlinus, Ambrosius, 112, 113 
Mervyn, Sir Arthur, 317 
Middlemas, Samuel, 77 
Middlemore, Samuel, 57 
Middleton, Bruce, 46 

, John, Earl of, 368 

Milesius, founder of Irish Monarchy 


Milton, Laird of, 379 
Monarchical Government, origin of, 1-4 
Monastery of St. Anthony, at Leith, 

account of, 380-412 
Monckton, General, 158, 161, 162, 164, 

1 66, 1 68 

Mondes, Mrs. Jane, 55 
Monro, Major-General, 358, 364, 371- 

Montaigne, Geoffrey de, 196 

, Robert, Count de, 196 

Montcalm, Marquis de, 155, 157-169 
Montfort, Count Hermann of, 328 
Montmagny, Governor of Quebec, 148, 

Montmorency, Ducde, 146 

, River, 158, 159, 161, 162 

Montrose, Marquis of, 356, 359, 366- 

370, 377-379 

Monypenny, Master David, Rector of 
St. Andrews, 404 

, Ricardus de, of Pitmilly, 404 

Moodie, William, Bishop of Caithness, 

Morgan, Richard, 43 

Morgarten, battle of, 220 

Morkere, Earl, 179, 1 80, 189 

Morphie (Graham) Laird of, 360 

Morton, Dr. Thomas, Bishop of Dur- 
ham, 64 

, William, Preceptor of St. 

Anthony's Monastery, Leith, 386 

Mountford, Dr., 61 

Mountjoy, Lord, 288 

Moyle, John, 58 

Munk, Dr., 6 1 

Murray, General, 158, 163, 165, 166, 
1 68 

Mylne MSS., the, 355, 356 

Nassau, Adolf, Count of, 217 
Nazing, parish records of, 60 

Nennius, early British historian, 108 

Neville, Margaret, 77 

Newburn, battle of, 374 

Niagara, Fort, capture of, 163 

Nicoll, Jasper, 73 

Norris, Sir John, 61 

Nowell, Dr., Dean of St. Paul's 33 

O'Brian, Murad, 273 

, Phelim, 303305 

O'Callaghan, Cahir, 298 300 
O'Connor, Roderic, King of Ireland, 

264, 268, 269 

O'Currey, Professor, 241, 244, 246 
Odo, Bishop of Bayeux, 185, 192, 194 
O'Dogherty, Sir Cahir, 300 
O'Donnell, Cathbar, 245 

, Daniel, 245 

, Sir Hugh, of Newport, 246 

O'Donnovan, Dr., 246 
Ogilvie, Laird of Boyne, 378 

, Thomas, Lord, 378 

Ogilvy, Sir George, of Banff, 366, 372 
Olaf, son of Harold Hardrada, 190 

> Tryggvasson, 223, 259 

Ollambh Fodhla, Code of, 234, 235, 

O'Neill, Donald, 274, 275 

, Earl of Tyrone, 288 

, Shane, 279, 288, 290 

Ordericus Vitalis, 181, 184, 202 ' 
Orleans, Isle of, 149, 158, 163, 164 
Ormond, Earl of, 279, 282, 288 

, Marquis of, 312 

Orrery, Earl of, 317 
Ortemburg, county of, 327 
O'Ruarc, Prince of Breffrey, 268 
Osgood, Canon of Waltham, 191, 200 
Ouessant, 89, 90 
Oughton, Macwilliam, 279 
Overbury, Sir Thomas, 71, 72 

Paget, Lord, 46 

Palladius, apostle of Ireland, 251 

Palliser, Sir Hugh, 160 

Papeson, Cardinal, 262 

Park, Laird of, 366 

Parker, Archbishop, 38 

Parkins, Dr., 46 

Parsons, Christopher, 68 

, Sir William, 303-305, 311 

Paul III., Pope, 383 

, son of Harald Hardrada, 190 

Pean, Madame, 154 
Pearl-fisheries in ancient Britain, 103 
Peckern, action of, 331 
Peltrie, Madame de la, 149 
Pembroke, Richard, Earl of, 265 
Pennington, Admiral Sir John, 74 



Perrot, Sir John, 288 

Peter, of Ickham, 203 

Petty, Sir William, 314-316, 319 

Philiphaugh, battle of, 379 

Philology, comparative, as a guide to 

history, 9, 10 
Philosophy, principal leaders of early 

Greek, 121-124 

, principles of early Greek, 124-128 

Piers, Bishop, 61 

Pigs, St. Anthony's, 382, 383, 388 

Plato, 138-140 

Plunket, Nicholas, 309 

Point aux Trembles, 163 

Levis, 158, 161, 163, 164 

Poitou (Pictaviensis), William of, 198, 

199, 202 

Pole, Cardinal, 263 
Polton, Thomas, 45 
Port Royal, 144 

Poyntz, Sir Nicholas, of Acton Park, 32 
Prendergast, Maurice de, 265 

, Philip de, 273 
Prideaux, Dr., 64-66 
Priesthood, hereditary, 19 
Prior, Lord, 46 
Privy Council, order of, 315 
Provins, Guy de, 383 
Psalter, the, of Cashel, 234, 244, 259 

, Columba, 245, 246 

, Tara, 235, 244 

, Teamhair, 244 

Purdie, Margaret, 389 
Puritanism, Greek, 130, 131 
Pursai, Marquis de, 321 
Pynmer, Sir Nicholas, 302 

Quebec, early history of, 144-148 

, governors of, 146-150 

, origin of name, 146 

, Jesuit college of, 148 

, siege of, 157-172; Journal of 

siege, 159 

Raleigh, Sir Walter, 283 

Ralph, the Black (Radulphus Niger), 

73. 174 

Ramezay, Madame, 169 
Ramsay, Captain Andrew, 369 

, Rev. Andrew, 359, 373 
Randall, Agnes, 28, 34, 36 
, Anne, 62, 64 

, Henry, 34 

, Mary, 54 

, Thomas, 47 

Raphael, James, a Frenchman, buried 

in Harold II. 's tomb at Waltham, 

212, 213 

Ravigney, Earl of Gal way, 321 

Rebellion, the Irish, of 1641, 310-312 
Recollets, the, a Franciscan order, 145 
Regensberg, Liitold of, 219 
Reginald, of Waterford, 267 
Register, Stationers', 29, 33, 43 

, Metrical, of Marian martyrs, 29 

" Rehearsal of Events, the," 354-379 
"Relations, the Jesuit," an historical 

record, 148 
Remains, Druidical, in England, 107-109 

, in France, 109-111 
" Rental Buke of Sanct Anthoni's and 

Newhaven," 392 

Renunciation, Document of, 384, 385 
Resignation, Instruments of, 408-411 
Richard, Count of Evreux, 196 

II., 275 

Richmond, Duchess of, 28 
Ridley, Bishop, 29 

Rig Tuatha, or Irish King, 242, 243, 245 
Roads, Roman, in Britain, 101, 102 
Robert, of Gloucester, chronicler, 200 
Robinson, Professor, 160 
, Timothy, 78 

, William, of CoddHall, 67-69 
Roe, Sir John, 66 

, Sir Thomas, 66, 67 
Rohaut, Reme de, 148 
Rollock, Rev. Mr., 359 
Rosenberg, Count of, 335 
Ross, Euphemia, Queen of Robert III. , 


, Rev. Alexander, 360 
Rothes, Earl of, 359 
Rowe, Sir William, 54, 55 
Rowlandson, Lancelot, 46 
Row, Rev. John, 376 
Russ, Melchior, 221, 222 

Saer-stock, law of, 248, 249 
Sannabar, action of, 330 
Sasine, Instruments of, 408, 409, 411 
Saunders, Admiral, 158, 169 
Saxo Grammaticus, 222, 223 
Sceorstan, battle of, 174 
Scholars, early Irish, 252 

, societies of, 254 

School, Merchant Taylors', 43 

Scott, Sir John, 361 

Scrogie, Rev. Alexander, 361, 373 

Seaforth, Earl of, 379 

Searle, John, 55 

Seignel, Robert, 272 

Seisreach, the Irish " hide of land," 

243, 244 

Sempach, battle of, 227 
"Seticlius Mor," St. Patrick's Code, 

229, 244, 246-250 
Senlac, position of, 193 



Seton, John, of Pitmedden, 368 
Settlements, Dutch, in America, 146 
Sherly, Mrs. Judith, 58 
Shipton, canonry of, 31 

, lease of, 69, 70 

Sibbald, Rev. James, 360, 361, 373 
Sidney, Lord Romney, 321 
Sigismund, Emperor of Germany, 328, 


Sigurd, King of Norway, 189 
Silenen, Arnold de, 217 
Sillery, M., Knight of Malta, 149 
Singleton, Hugh, 29 
Sixtus V., Pope, 47. 
Skay, Thomas, 69 
Smith, Alice, 75 

, John, 68 

Society, origin of, 5, II, 20, 21 

Socrates, 134-138 

Sonneck, Barbara, of, 328 

Hermann, Baron of, and Count of 

Cilly, 327 
, Ulric, Baron of, and Count of 

Cilly, 327 

Sophists, the, 132, 133 
Southampton, Earl of, 6l 
Spakling's " Memorable Transactions,'' 


Spelman, Sir Henry, 307-309 
Spenser, Edmund, "View of Ireland," 

237, 238, 280, 283-286 
Spillmart, James, F. R. S., 43 

, Julia, 43 ' 

Springe, Mrs., 55 

St. Anthony, 380-382 

St. Columbanus, 254 

St. Gall, apostle of Switzerland, 252 

St. Leger, Sir Anthony, 280 

St. Patrick, 251 

Stafford, Sir P., 48 

Stamford, battle of, 179, 188-190 

Staufacher, Bailiff of Schwytz, 217 

Sternberg, Count of, 335 

Stewart, Ann, of Ballechun, 362 

, Sir Ludovic, of Kirkhill, 356 

Steydeck, action of, 329, 330 
Stigand, Archbishop, 181, 183, 185 
Stirling, Sir George, of Keir, 359 
Strachan, John, 369 
Strathauchin, Annabel, 405 

, John, 4^4 

, Viscount, 404 

, William of, 404 

Succession, Female, in Ireland, 276 

Suffolk, Duchess of, 29 

Suger, Abbe, 382 

Sulgen, Bishop of St. David's, 253 

, John, Descr.ption of Ireland, 253, 


Surrender, Instrument of, 67-69 

Sutherland, Earl of, 379 

Sweyn, brother of Harold II., 175, 176 

, King of Denmark, 189 

Swift, Dean, 324 

Szekelyi, nephew of Hunyadi, 333 

Taillefer, 193, 194 
Talbot, George, 46 

, George, Earl of Waterford, 282 

Tanistry, system of, 233, 236-255, 282, 

291-296, 300 

Tapestry, the Bayeux, 184, 185 
Taylor, Robert, poet, 207 
Tell, William, foreign myths of, 222-226 

-, family of, 222 

Tenure in capite, 308-310 

Terry, Sir William, 56 

Thompson, Henry, 58 

Thomson, Richard, Sacristan of St. 

Anthony's Monastery, Leith, 387, 

400, 408, 409 

Throgmorton's Conspiracy, 47 
Tippermuir, battle of, 377, 378 
Toggenburg, Counts of, 219 
Toman, Count of Croatia, 334 
Tomb of Harold II., 207, 208 
Tombstone Inscriptions, 60, 62, 63 
Toni, Ralph de, 196 
Tostig, brother of Harold II., 175, 176, 

179, 188-190 
Townshend, General, 158, 161, 162, 

165, 1 66, 1 68, 169 
Tracy, Governor of Quebec, 149 
Treatise on the Eucharist, by Foxe, 31 

, on Justification, by Foxe, 34 
Trimleton, Lord, 282 
Tullibardine, Lord, 365, 366 
Turgesius, Danish Chief, 258, 259 
Turing, Thomas, 385 
Turreff, town of, 366 
Twysden, Judge, 54 

, Sir William, 54 
Twysden's "Decem Script ores," 54 

Ulf, Sprakalegr, 174, 175 
, son of Harold II., 175, 214 

Ulster, Baronets of, 307 
, Settlement of, 288, 300 

, Tenant Rights, 302 

Urban, Pope, 271 

Urrie, Colonel John, 378, 379 

Uvedale, Dr., 211 

Valoignes, Hamonde, 272 

Vaudreuil, Marquis de, 154 

Vere, Martin, 46 

Vico, 2, 5 

Victring, Abbot, John of, 221 



Villiers, Elizabeth, Countess of Orkney, 

ViniStatuta, 386, 389 . 

Vita Haroldi, 198, 199 

Vitovetz, John, Bohemian partisan, ex- 
ploits of, 329-334, 337, 338 

Wace's Chronicle of the Norman Con- 
quest, 183, 184, 186-188 

, "Roman de Brut," 1 86 

, " Roman de Ron," 184 
Wake, Miss, 74" ' 
Waldemar, King of Holingard, 175, 


Walker, Dr., 46 

Waltham Abbey, 177, 186, 187, 190, 
191, 197-203 

, churchwardens' accounts of, 59, 

60, 78, 8 1 

, Foxe's house at, 28 

, MS., the, 201, 206 

, parish records of, 32, 37, 38, 59, 

77, 78, 80 
Waltheof, Earl, 205 
Wardlaw, Henry, Bishop of St. 

Andrews, 384 
Warenne, William de, 196 
Warlies, estate of, 41-43 
Warner, Ursula, 58 
Washington, George, 156 
Weaver, John, Irish Commissioner, 314 
Well, St. Margaret's, 392 
Wendover, Roger of, 190, 204 
Wentworth, Sir Thomas, Earl of Straf- 

ford, 306, 310, 312 
Wilkina Saga, the, 224 
Wilkinson, Dr., 66 

William, Duke of Normandy, 179, 
181-184, 188, 191-198 

, Evreux, 196 

, HI., 321 

, Malmesbury, 174, 183, 197, 199 

Willoughby, Richard, 46 

Wills, the, of Samuel Fox, 48-50 

, of Henry Wollaston, 79 

, Thorne, 78 

Willys, Agnes, 80 
, Adeliza, 80 

Willys, Anne Fox, 58, 59, 79, 80 

; Colonel William, 58 

Henry, 80 

Hester, 43 

lone, 80 

John, 80 

Lady Alice (see Foxe, Alice) 

Lady, of Ditton, 58 . 

Richard, of Ditton, 79 

Sir Richard, 58, 59, 70, 79-82 

Sir Thomas, 79, 80 

Sir Thomas-Fox, 42, 58, 79, 80 

Sir William, 43 

William, of Hackney, 42, 80 

"Winch, Sir Humphrey, Chief Justice 

of Ireland, 300 
Winkelried, Arnold de, 227 
Winterthur, John of, 220 
Wladislaw, King of Poland, 330, 331 
Wolfe, General, 156, 158-172 
Wollaston, Edward, 50, 56, 76, 77 
, Henry, of Fishers, 50, 56, 57, 59, 

68, 75-81 

, Anne, 56, 76, 77 

, Elizabeth, 77 

, Francis, 76, 78 

, Judith, 78 

, Oliver, 78 

, Richard, 78 

, Samuel, 76, 77 

, Sarah, 77 

, Thomas, 76-78 . ..' 

, Ursula, 76, 77 

, William, 76, 78 
Wollastons, the, of Shenton, 75 

, the, of Waltham, 77-79 
Wood, Owen, Dean of Armagh, 55 
, Hugh, of Tallylyn, 55 

, Sir Henry, of Bonnington, 359 

, William, of Woodhall, 55 

Wulfnoth, brother of Harold II., 174- 

I 7 6 
Wyss, George de, 226 

Ysbrand, Alward, 404, 406 

Zagoria, county of, 328 
Zulistan, Earl of Rochford, 321 


Page 47, line 7, for dog, read dag. 

,, 47, IS, "age call, tragical 

53, > *7, i awful, lawful. 

53, >> 3, alces, ,, aloes. 

58, ,, I7 egunt, ,, agunt. 

,, 280, ,, i, Roman, ,, Norman. 

,, 280, ,, 3, Hibernus, Hibernis. 

,, 282, ,, 7, ,, Harvard Howard. 

>, 3O2, ,, 23, ,, latter, ,, letter. 

,, 307, ,, 15, Dilton, ,, Dillon. 

312, 8, Stafford, Strafford. 

Rl 1 m '.i 



Royal Historical Society,